california consumer privacy act

Will the California Consumer Privacy Act serve as a blueprint for a federal privacy law or for a patchwork quilt of state privacy laws?

As states have been commencing legislative proceedings and as proposals for a federal privacy law are being formulated, the following seem to be principles that most agree should be included in a privacy law in the U.S.:

  • Banning some practices, including using data to discriminate against users.
  • Giving people the right to sue over misuse.
  • Giving people ownership rights in their data including the right to delete it, change it or take it back.
  • Requiring companies to be more transparent about how they use data and collect consumers’ consent, with some exceptions.

A point of contention is whether or not a federal U.S. privacy law should completely preempt (invalidate) state privacy laws (or whether they should continue to be binding if stricter than the federal law).

Details from the San Francisco Chronicle.

Data privacy bills are pending in at least eight states, reports Sara Merken at Bloomberg Law.

State lawmakers are aiming to give citizens more control over their personal data. Some of the bills largely follow the lead of California, whose Consumer Privacy Act takes effect Jan. 1, 2020. Others are more narrowly focused on specific business practices.

Some highlights:

  • In North Dakota – a bill would require companies to provide to consumers, upon request, information about the types of personal information the companies collect and possess
  • In New York – one bill addresses biometric privacy and another would govern businesses’ collection and disclosure of personal information
  • In Utah – a bill would require law enforcement to get a warrant from a judge to access electronic information
  • In Washington state – a bill would allow consumers to ask companies for a copy of their personal data and to delete or correct inaccurate data and would also regulate facial recognition technology

Details in Bloomberg Law.

“As California goes, so goes the nation,” said Vermont Attorney General T.J. Donovan.

A group of state attorneys general said Wednesday that they are looking to California for guidance and following how the country’s most populous state prepares for the Consumer Privacy Act which will take effect in 2020.

Data Breach Today reports that: “Several U.S. states, including Oregon, North Carolina, Virginia and Washington, are considering new legislation to shore up consumer data privacy laws in the wake of California passing strict privacy requirements last year”

Oregon is considering a bill that would prohibit the sale of de-identified protected health information without first obtaining a signed authorization from an individual.

In Virginia a bill proposes new requirements for businesses related to disposal of certain consumer records.

Washington is considering a bill that would require companies that collect personal data to be transparent about the type of data being collected, whether consumer data is sold to data brokers, and upon request from a consumer, delete the consumer’s personal data without undue delay.

Coverage from Statescoop and Data Breach Today.

Registration for the Privacy Summit is open.

Fox Rothschild’s Minneapolis Privacy Summit on November 8 will explore key cybersecurity issues and compliance questions facing company decision-makers. This free event will feature an impressive array of panelists drawn from cybersecurity leaders in major industries, experienced regulatory and compliance professionals and the Chief Division Counsel of the Minneapolis Division of the FBI.

Attendees receive complimentary breakfast and lunch, and can take advantage of networking opportunities and informative panel sessions:

GDPR and the California Consumer Privacy Act: Compliance in a Time of Change

The European Union’s General Data Protection Regulation has been in effect since May. Companies that process or control EU citizens’ personal data should understand how to maintain compliance and avoid costly fines. Many more businesses should also prepare for the next major privacy mandate: the California Consumer Privacy Act.

Risk Management – How Can Privacy Officers Ensure They Have the Correct Security Policies in Place?

Panelists offer best practices for internal policies, audits and training to help maintainn protected health information (PHI), personally identifiable information (PII) or other sensitive data. Learn the cutting edge strategies to combat the technology threats of phishing and ransomware.

Fireside Chat

Jeffrey Van Nest, Chief Division Counsel of the Minneapolis Division of the FBI, speaks on the state of affairs in regulation and enforcement, including how to partner with the FBI, timelines of engagement and the latest on cyber threat schemes. His insights offer details on forming effective cyber incident response plans.

Keynote Speaker – Ken Barnhart

Ken is the former CEO of the Occam Group, a cybersecurity industry advisor and the founder and principal consultant for Highground Cyber – a spin-off of the Occam Group’s Cybersecurity Practice Group. For more than a decade, he has helped companies of all sizes design, host and secure environments in private, public and hybrid cloud models. Prior to his work in the corporate sector, Ken served as a non-commissioned officer in the United States Marine Corp and is a decorated combat veteran of Operation Desert Shield\Storm with the HQ Battalion of the 2nd Marine Division.

Geared toward an audience of corporate executives, in-house chief privacy officers and general counsel, the summit will provide important take-aways about the latest risks and threats facing businesses.

Stay tuned for more agenda details. Registration is open.