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Perkins on Privacy

Perkins on Privacy provides updates and insights on an array of privacy and data security legal issues, brought to you by Perkins Coie’s Chambers-ranked Privacy & Security practice. Subscribe 🡢

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Colorado Joins Ranks of States Introducing Consumer Data Privacy Legislation

On March 19, 2021, Colorado State Senators Richard Rodriguez (D) and Paul Lundeen (R) introduced Senate Bill 21-190 as part of a bipartisan effort to make Colorado the latest state to implement comprehensive legislation establishing certain consumer data privacy rights.

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California Attorney General Approves New Regulations Governing the California Consumer Privacy Act

On March 15, 2021, the California Attorney General approved additional regulations for the California Consumer Privacy Act (CCPA), which focuses on the right to the right to opt-out of sale, authorized agents, and notices to consumers under 16 years of age.

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California Officials Announce Board Member Appointees to the California Privacy Protection Agency

On March 17, 2021, California officials announced their appointees to the five-member inaugural board of the California Privacy Protection Agency (CPPA).

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Court Rules that CCPA Does Not Apply Retroactively and Requires Specific Allegations Regarding Date of Violation

A federal court in California recently dismissed a lawsuit brought under the California Consumer Privacy Act (CCPA) against Walmart, concluding that the CCPA did not apply retroactively and that the plaintiff had failed to specify the date of the alleged violation giving rise to his claim. The case—Gardiner v.

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Virginia Joins California in Adopting a Comprehensive Data Privacy Law

On March 2, 2021, Governor Ralph Northam signed into law Virginia's Consumer Data Protection Act (VCDPA), a comprehensive data privacy law similar to the California Consumer Privacy Act (CCPA). Virginia is now the second state to adopt a comprehensive data privacy law, and many more states are expected to follow suit in the near future.

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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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LGPD Updates: Six Months Out

The Brazilian General Data Protection Law (LGPD) has been effective for almost six months. Since then, there have been movements to form the National Data Protection Authority responsible for enforcing the law (ANDP), guidance on best practices for data security has been published and private enforcement of the LGPD is underway.

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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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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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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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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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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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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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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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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.