Businesses barely had time to recover from a hectic privacy summer, with U.S. privacy legislation making progress on the Hill and the U.S. Federal Trade Commission’s launch of a sweeping rulemaking initiative, when California Attorney General Rob Bonta dropped a bombshell: The first enforcement settlement under the California Consumer Privacy Act. Pursuant…
The Health Insurance Portability and Accountability Act (“HIPAA”) establishes standards by which Protected Health Information (“PHI”) may be deidentified. Upon deidentification, HIPAA generally allows covered entities to use or disclose the information without limitation. However, states are increasingly passing privacy laws with definitions of personal information expansive enough to arguably…
On March 24, 2022, Utah became the fourth U.S. state to adopt consumer data privacy legislation after Utah Gov. Spencer Cox signed the Utah Consumer Privacy Act (“UCPA”). The UCPA is largely based on the Virginia Consumer Data Protection Act (“VCDPA”). It regulates how a controller (defined by the UCPA…
Update: Since going live with the below, the EDPB has published its draft guidelines addressing key aspects of a data subject’s right of access. More to follow soon. Last month, a large number of EU and US companies received queries about their data access request procedures under the General Data Protection…
Now that 2021 came to a close, what does our crystal ball predict for privacy developments in 2022? Here’s a quick rundown. Law and policy developments In 2022, expect an avalanche of new laws and regulations, attempting to govern and impose order on a dizzying array of tech developments. New…
The United States is in need of comprehensive federal data privacy legislation, which may finally be gaining traction. In late 2019, two competing federal privacy proposals were drafted. Senate Bill 2968 (the “Consumer Online Privacy Rights Act”), was introduced by Senator Maria Cantwell (D-WA), among others. And the “United States…
On July 7, 2021, Colorado Governor Jared Polis signed the Colorado Privacy Act (“CPA”) into law. The CPA will take effect on July 1, 2023 and joins the California Consumer Privacy Act (“CCPA”), the California Privacy Rights Act (“CPRA”), and Virginia Consumer Data Protection Act (“VCDPA”) on a growing list of comprehensive state data privacy laws…
Since its passage almost three years ago, the California Consumer Privacy Act (“CCPA”) has offered California-based consumers certain rights over the personal information companies collect and process about them. While responding to any request to exercise CCPA rights creates its own set of challenges, one right in particular – the right to…
On March 2, 2021, Virginia enacted the Consumer Data Protection Act (“VCDPA”). The VCDPA will become effective January 1, 2023. The VCDPA shares its roots with the California Consumer Protection Act (“CCPA”) and the recently approved California Privacy Rights Act (“CPRA”), and will regulate how businesses (the VCDPA refers to businesses as “controllers”) collect and share…