Tag Archives: California

California AG Issues Guidance for Consumers on Managing Mobile Location Privacy

By Hannah Lepow Yesterday California Attorney General Kamala D. Harris released guidance on how smartphone and tablet users can manage GPS and other location tracking functions on their mobile devices. The brief information sheet, designed for consumers, details how Android and iOS users can control different types of location information on their devices, including location … Continue Reading

Three-Bill Package Makes Revisions to California’s Data-Breach Notification Statute

By Brandon Johnson On October 6, 2015, California Governor Jerry Brown signed into law a trio of bills that is intended to clarify key elements of the state’s data-breach notification statute and provide guidance to persons, businesses, and state and local agencies that deal with electronically stored personal information.  The bills, which were passed together … Continue Reading

New California Law Regulates Voice Recognition Technology in Smart TVs

By Brandon Johnson On October 6, 2015, California Governor Jerry Brown signed into law Assembly Bill 1116 (A.B. 1116), which regulates the manner in which smart TVs must notify users of voice-recognition technology and may use recorded voice commands.  The bill, which was passed unanimously by both houses of the California legislature earlier this year, … Continue Reading

Court Certifies Nationwide Class in Yahoo Email Scanning Litigation

Last Tuesday, District Judge Lucy Koh of the Northern District of California partially granted the plaintiffs’ motion for class certification in In re Yahoo Mail Litig., allowing the plaintiffs to pursue their claims for injunctive relief on behalf of class members under the Stored Communications Act (“SCA”) and California’s Invasion of Privacy Act (“CIPA”).  The plaintiffs, … Continue Reading

House Debates Federal Data Breach Legislation

This morning, the House Subcommittee on Commerce, Manufacturing, and Trade, chaired by Rep. Michael Burgess (R-TX), held a hearing to determine what elements should be included in federal data breach legislation.  Despite the momentum for legislation created by high-profile breaches at retailers like Target and Home Depot, and most recently at Sony, ongoing efforts in … Continue Reading

New California Health Privacy Law Goes into Effect

Many individuals are covered by health insurance but are not the policy holders for that coverage (e.g., the policy holder is a spouse or parent of the covered individual).  Routine communications sent by insurers, such as explanation of benefit letters or denial of claims notices, are often sent to the policy holder and may contain … Continue Reading

New State Privacy Laws Go Into Effect on Jan. 1, 2015

State legislators have recently passed a number of bills that impose new data security and privacy requirements on companies nationwide. The laws include new data breach notification requirements, marketing restrictions, and data destruction rules. Below is an overview of the new laws and amendments that will go into effect on January 1, 2015.… Continue Reading

California Attorney General’s Second Annual Data Breach Report Finds Dramatic Increase in Number of Data Breaches

By Randall Friedland California Attorney General Kamala D. Harris yesterday released the second annual California Data Breach Report.   The report provided statistics and analysis related to data breaches that were reported to the Attorney General’s office in 2013.  The report also outlined suggested best practices and provided recommendations on ways to improve data security. Statistics … Continue Reading

Microsoft and Other Leading K-12 School-Service Providers Pledge To Protect Student-Data Privacy

Yesterday, several big tech companies that offer educational and school services signed the “Student Privacy Pledge,” introduced by the Future of Privacy Forum (“FPF”) and The Software & Information Industry Association (“SIIA”) to safeguard student privacy as it relates to the collection, maintenance, and use of students’ personal information.  Among the fourteen education tech companies … Continue Reading

California Amends Data Breach Legislation

Continuing our coverage of the flurry of bills signed into law by California Governor Jerry Brown last week, we turn now to AB 1710, an amendment to California’s data breach legislation. The data breach amendment makes three notable changes to existing laws regarding personal information privacy: 1.  Requires Companies that Maintain Personal Information to Implement … Continue Reading

Calif. Gov. Brown Signs 8 Bills to Strengthen Privacy Protections

On Tuesday, September 30th, California Governor Jerry Brown signed into law 8 bills his office says were designed to “strengthen privacy [ ] protections.” Among the bills is AB 2306, which prevents the attempt to capture an image or sound recording in an offensive manner through the use of any technological device. Among other things, … Continue Reading

Appeals Court Affirms Dismissal of “Shine the Light” Suits

Last week, the U.S. Court of Appeals for the Ninth Circuit affirmed lower-court dismissals of two lawsuits under California’s “Shine the Light” law.  Shine the Light (or “STL”) requires businesses that disclose customers’ personal information to third parties for those parties’ direct marketing purposes to respond to customer requests for information about such disclosures.  The … Continue Reading

California AG Sues Company for Slow Breach Response, “Public” Display of Social Security Numbers

California Attorney General Kamala Harris has sued the Kaiser Foundation Health Plan for failing to promptly notify employees about a 2011 data breach.  California’s breach notice law requires breaches of personal information to be disclosed “in the most expedient time possible and without unreasonable delay.” Harris alleges that Kaiser violated this requirement after taking too … Continue Reading

Roundup of Recently Enacted Privacy Legislation in California; Some Measures Will Become Effective on January 1, 2014

The California legislature has enacted a flurry of privacy-related laws over the past few months.   Still more bills are pending.  This post provides a brief overview of new privacy laws enacted in California in 2013, including measures that will become effective on January 1, 2014.  For a more detailed look at some of these key … Continue Reading

Court Denies Google’s Motion to Dismiss Gmail Wiretap Claims

In a decision issued last week that is being described by some as a “landmark,” Judge Koh of the Northern District of California denied a motion to dismiss a complaint filed against Google alleging that its Gmail service unlawfully intercepts the contents of emails sent by and to Gmail users.  The case involves Google’s longstanding … Continue Reading

CA Governor Signs Bill Providing Online Protections For Minors

Earlier this month, we blogged about the California Senate’s passage of the bill titled “Privacy Rights for California Minors in the Digital World”, which prohibits certain targeted advertising to California minors and requires that minors be allowed to delete materials they have posted online.  Yesterday, California Governor Jerry Brown signed the legislation, and it will … Continue Reading

CA Passes Legislation Requiring Search Warrant For Disclosure of Stored Content

Continuing a flurry of recent legislative activity (see posts here and here), the California legislature on Tuesday passed a bill requiring that California law enforcement agencies obtain a search warrant to compel the production of communications content (e.g., emails and social media messages) from providers of electronic communication services.  A service provider may provide stored content … Continue Reading

CA Legislature Passes Bill Establishing Online Protections for Minors

Last Friday the California Senate unanimously passed legislation titled, “Privacy Rights for California Minors in the Digital World,” which prohibits certain types of marketing to minors (defined as a natural person under the age of 18 residing in California) and allows minors to delete materials they have posted online.  The bill, which already cleared the … Continue Reading

Bill Adding Do-Not-Track Disclosures to CalOPPA Passes California Senate

Last week the California Senate unanimously approved a bill requiring that operators of commercial websites and online services that collect personal information disclose how they respond to “do-not-track” signals from web browsers and whether they allow third parties to engage in online tracking.  The legislation, which was introduced by Assemblyman Al Muratsuchi, has been sponsored … Continue Reading

CA AG Releases Data Breach Report

On Monday, California Attorney General Kamala Harris for the first time released a data breach report; the report details 131 data breaches reported to the CA AG’s office, which collectively exposed the personal information of 2.5 million Californians.  56% of the breaches involved Social Security numbers, a category of information disclosure which creates a heightened … Continue Reading

Key Decision in Nike Song-Beverly Litigation

Businesses should take note of this week’s decision in Gormley v. Nike, Inc., a lawsuit under California’s Song-Beverly Credit Card Act, in which plaintiffs allege that Nike violated the Act by requesting ZIP codes from them during credit card transactions in Nike’s retail stores.  Judge Susan Illston of the Northern District of California denied Nike’s … Continue Reading

California Senate Unanimously Passes Online Privacy Bill That Would Give Minors an “Eraser Button”

Last week, the California Senate unanimously passed a bill that would give California minors the right to “remove content or information” that they submit to websites, online services, online applications, or mobile applications.  The term “content or information” is not defined, and could be interpreted broadly to include any text, photos, videos, audio files, or … Continue Reading

Proposed California “Right to Know” Act Would Require Broad Disclosures To CA Residents

A bill titled the “Right to Know Act of 2013” (AB 1291), which was first introduced by Assembly Member Bonnie Lowenthal this past February, continues to gather momentum in the California legislature.  The Right to Know Act would repeal and re-write Cal. Civ. Code § 1798.83 (often referred to as the California Shine the Light law) … Continue Reading
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