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As COVID-19 vaccination becomes required in more personal and professional contexts, several different frameworks have emerged that propose both guiding principles and technical requirements for vaccine verification systems, including those developed by the World Health Organization (WHO) and the Good Health Pass Collaborative (GHPC).
Continue Reading COVID-19 Vaccine Verification Frameworks: Emerging Standards Seek to Balance Privacy Concerns With Public Health Benefits

Yesterday, Rep. Kathy Castor (D-FL) introduced an updated version of the “Protecting the Information of our Vulnerable Children and Youth Act” (Kids PRIVCY Act), which would make broad changes the Children’s Online Privacy Protection Act (COPPA).  Rep. Castor introduced a similar bill in early 2020, but it stalled alongside other proposals to overhaul the federal children’s privacy law last year.
Continue Reading Rep. Castor Reintroduces Bill to Rewrite the Children’s Online Privacy Protection Act

This week, Senators Ed Markey (D-Mass.) and Bill Cassidy (R-La.) introduced the Children and Teens’ Online Privacy Protection Act, which would update the Children’s Online Privacy Protection Act (COPPA).  COPPA is the comprehensive federal children’s privacy law enacted in 1998 that regulates the collection, use, and disclosure of personal information online from children under 13.
Continue Reading Senators Markey and Cassidy Introduce Bill to Update the Children’s Online Privacy Protection Act

On January 7, the Federal Trade Commission (“FTC”) reached a proposed settlement with Tapjoy, a California-based company that operates an advertising platform within mobile gaming applications.  According to its complaint, the FTC alleges that Tapjoy deceived consumers by failing to provide in-game rewards it promised for completing actions associated with third-party advertisements.
Continue Reading FTC Reaches Settlement with Tapjoy for Allegedly Deceiving Consumers About In-Game Rewards

Voters in California approved Proposition 24, which updates the California Consumer Privacy Act (“CCPA”) just a few months after the landmark regulations implementing the privacy law went into effect.  As we have previously explained, the California Privacy Rights Act (“CPRA”) will change the existing CCPA requirements in a number of ways, including limiting the sharing of personal information for cross-context behavioral advertising and the use of “sensitive” personal information, as well as creating a new correction right.  It also establishes a new agency to enforce California privacy law.  The key provisions of the bill will not go into effect until January 1, 2023, providing much-needed time to clarify the details and for businesses to adjust their CCPA compliance approaches to account for the additional requirements.

Continue Reading Californians Approve Ballot Initiative Modifying the California Consumer Privacy Act

On Monday, the California Attorney General (“AG”) proposed a third set of modifications to the recently enacted California Consumer Privacy Act (“CCPA”) regulations.  Interested parties have until October 28 to file comments in response.

These proposed modifications are the latest effort in an extensive rulemaking process that has lasted more than a year.  Most recently, on August 14, the California Office of Administrative Law (“OAL”) formally approved the AG’s initial set of CCPA regulations, which went into effect immediately.  In approving the regulations, the OAL deleted five provisions that had been included in the version the AG submitted in June, but indicated that the AG could revise and resubmit those subsections for approval in the future.  The latest modifications are largely focused on reviving several of these last-minute removals.
Continue Reading California Attorney General Releases New Proposed Modifications to California Consumer Privacy Act Regulations

The California legislature has approved a contingency plan to ensure that certain California Consumer Privacy Act (“CCPA”) exemptions will be extended beyond December 2020.  Regardless of what happens with the November ballot initiative, businesses will have at least another year before they must comply with all of the CCPA’s provisions when collecting or using certain

Two developments in the past week will likely have a significant impact on businesses subject to the California Consumer Privacy Act (“CCPA”): the long-awaited CCPA regulations have been finalized and put into immediate effect with modifications, while at the same time it seems increasingly likely that the exemptions for employees’ and business-to-business contacts’ data will be extended beyond January 2021.
Continue Reading Final CCPA Regulations Take Effect With Modification; Extension of Employee and Business-to-Business Exemptions Advances

 On May 4th, 2020, Californians for Consumer Privacy confirmed that they had submitted hundreds of thousands more signatures than required to qualify for a ballot initiative. It is still yet unknown whether the Attorney General will qualify the ballot for the November 2020 election, let alone whether it would pass. If the initiative passes, it will be noteworthy for a number of reasons.
Continue Reading CCPA 2.0 And Where We Go From Here

The California Attorney General has released both clean and redlined versions of proposed modifications to the draft implementing regulations for the California Consumer Privacy Act (“CCPA”). Below is a high-level overview of some key changes:

  1. Service Providers. The modified draft restricts a service provider from processing the personal information it receives from a business except