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Graeme Bushart has experience helping clients intuitively navigate the legal landscape of various emerging technologies including autonomous/electric vehicles, robotics, e-commerce fulfillment, IoT, artificial intelligence, cloud/data center development, and digital media distribution.

With the release of iOS 14.5, Apple introduced new App Tracking Transparency (ATT) standards requiring iOS app developers to either cease engaging in user and device data tracking or request permission to continue doing so. According to Apple, “tracking” occurs when user or device data is either (1) linked with information that identifies such user or device collected on apps, websites and other locations owned by third parties for the purposes of targeted advertising or advertising measurement, or (2) shared with data brokers.
Continue Reading iOS Tracking Analysis

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. Dubbed “A Bill for an Act Concerning Additional Protection of Data Relating to Personal Privacy,” SB 21-190 largely follows in the footsteps of California’s CCPA, Virginia’s CDPA and the European Union’s GDPR with a stated intent to “empower consumers to protect their privacy and require companies to be responsible custodians of data as they continue to innovate.”
Continue Reading Colorado Joins Ranks of States Introducing Consumer Data Privacy Legislation

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. Below are the highlights.

  • Right to Opt Out of Sale: California residents have the right to request that businesses stop selling their personal information (PI), which is an “opt-out request” that can be submitted via the “Do Not Sell My Personal Information” link that businesses must conspicuously provide on their websites and privacy policies. Businesses cannot require residents to create an account to submit opt-out requests, and if businesses ask for PI to complete these requests, they can only use such information to verify the consumers’ identities. Upon receipt of an opt-out request, a business must stop all sales of the consumer’s PI and wait 12 months before prompting the consumer to opt back in. Common exceptions to this opt-out right include sales that are necessary to comply with legal obligations and certain exempted medical or credit report information. Opt-out requests should be submitted to the businesses themselves and not their service providers, as service providers are not responsible for responding to such requests. Businesses can only sell PI of a child under the age of 16 if they have received affirmative “opt-in” consent. If the child is under the age of 13, that consent must come from the child’s guardian.

Continue Reading The AG Publishes Its FAQs on the CCPA