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Perkins on Privacy

Perkins on Privacy keeps you informed about the latest developments in privacy and data security law. Our insights are provided by Perkins Coie's Privacy & Security practice, recognized by Chambers as a leading firm in the field.

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February 12, 2021

California Judge Dismisses CCPA Claim in Absence of Alleged Security Breach

On February 2, 2021, a California magistrate judge dismissed claims against a defendant tech company based on alleged violations of the California Consumer Privacy Act (CCPA) because the plaintiff admittedly failed to allege a security breach. The case involves allegations that the defendant purportedly used an internal program to monitor and collect sensitive personal data from smartphone users

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November 25, 2020

Credit Card Data Breach Results in Multi-State $17.5 Million Settlement

Yesterday, California Attorney General Xavier Becerra announced a $17.5 million multi-state settlement with The Home Depot, Inc. regarding a data breach affecting point-of-sale systems at the retailer's facilities.

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October 5, 2020

2020: The Year COVID-19, Corporate Reputation & Cybersecurity Collided

The Fundamentals of Preparing for and Responding to a Cyber Event Are More Important Than Ever

To say 2020 has been a year of change would be quite an understatement. The COVID-19 pandemic has fundamentally transformed how we live, work, and interact with one another. This is most definitely true for the world of cybersecurity.

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September 22, 2020

The CCPA May Soon Be Amended to Strengthen CCPA Exemptions for Medical and Research Data

Update: The Governor signed the law on Friday, September 25, 2020. Life science and healthcare companies operating in California face unique challenges regarding California Consumer Privacy Act (CCPA) compliance because of existing inconsistencies between the CCPA and the Health Insurance Portability and Accountability Act (HIPAA).

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September 9, 2020

China’s New Personal Information Protection Specifications

After undergoing several rounds of revisions to the 2019 draft specifications, the new Information Security Technology-Personal Information Security Specifications (GB/T35273-2020) (New Personal Information Specifications) were released jointly by the State Administration of Market Regulation and the Standardization Administration of China on March 6, 2020.

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August 28, 2020

In a Surprise Move, the Brazilian Landmark Privacy Law, LGPD, Is About to Be in Effect

In the latest chapter of the discussions about Brazil's LGPD, on August 26, 2020, the Senate rejected the article in the Executive Order ('Medida Provisória' – MP) which provided for the extension of its implementation to May 3, 2021. Accordingly, the MP will lose effect in relation to that article, and the LGPD will go into force promptly, pending only the presidential sanction.

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August 6, 2020

The AG Publishes Its FAQs on the CCPA

The attorney general's office has posted a set of FAQs and corresponding responses on its California Consumer Privacy Act (CCPA) site. While aimed at providing guidance to consumers about the CCPA, the FAQs can also serve as a quick reference for businesses regarding their CCPA compliance obligations.

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June 15, 2020

CCPA Compliance: Financial Incentives Requirements

The California Consumer Privacy Act of 2018 (CCPA) regulates a company's offerings of financial incentives and price or service differences related to the collection, retention, or sale of personal information. Cal. Civ. Code Section 1798.125(a)(2); Final Text of CCPA Regulations, 999.301(j), 999.307, 999.336.

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April 2, 2020

CCPA in Litigation: 2018 to Present

The California Consumer Privacy Act (CCPA) went into effect three months ago, on January 1, 2020. Although enforcement by the California attorney general cannot begin until July 1, private plaintiffs have been able to bring claims under the law's limited private right of action since the beginning of the year. The CCPA is already having an impact on litigation.

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March 19, 2020

CCPA & COVID-19: A Practical Guide to Addressing Privacy and Data Security Implications of the Coronavirus

COVID-19 arrives just as the first omnibus privacy statute in the United States, the CCPA became effective. Since its January 1 effective date, we continue to wait for finalization of the CCPA regulations and enforcement that was slated for July 1.

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January 27, 2020

Washington, New York, and Minnesota Introduce New Privacy Laws to Begin the New Year

It's a new year and it looks like 2021 is going to be another eventful one for privacy. In the past few weeks, we've seen several states introduce new privacy legislation, starting with Washington.

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January 15, 2020

Business Solutions for CCPA Compliance

The California Consumer Privacy Act of 2018 (CCPA) is a sweeping new privacy statute that grants rights to consumers and imposes corresponding obligations on subject businesses.

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September 20, 2019

CCPA Amendments Provide Important Clarification

On Friday the 13th of September 2019—the last day of California's Legislative Session—California lawmakers updated, finalized and sent six bills that would amend the California Consumer Privacy Act (CCPA) to Governor Newsom's desk for signature. Despite months of efforts from various groups, the CCPA made it through the legislative session with relatively fewer changes than expected. This up

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August 6, 2019

CCPA 12-Month Compliance Series Part 6: Retaining and Deleting Data

The CCPA grants consumers the right to request deletion of any personal information which a business has collected from the consumer. Cal. Civ. Code § 1798.105. It also requires a business to fulfill deletion requests, and to direct service providers to do the same, within 45 days of receiving a "verified" or "verifiable" request from the consumer. Cal. Civ.

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June 24, 2019

Pseudonymized Personal Information on Blockchain Not Sufficient Under CCPA

The California Consumer Privacy Act (CCPA) imposes new transparency and disclosure obligations on businesses' use, sale, and disclosure of consumer information. Businesses will need to honor requests from consumers to access their personal information, delete their personal information, and opt out of the sale of their personal information.