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). California Assembly Bill (AB) 713 addresses these inconsistencies by easing burdens imposed by the CCPA on medical research and by bringing certain provisions of the CCPA in line with HIPAA and other federal and state health data regulations. At the same time, the bill will impose additional requirements on the use of deidentified health data. AB 713 has passed the California legislature unanimously and will be signed or vetoed by Governor Newsom by September 30, 2020. If signed, the bill will immediately go into effect.
Continue Reading The CCPA May Soon Be Amended to Strengthen CCPA Exemptions for Medical and Research Data

The final California Consumer Privacy Act Regulations (CCPA Regs) were adopted by the California secretary of state on August 14, 2020. In an addendum released by the California attorney general (Cal. AG), the office of administrative law (OAL) notes that their changes are “non-substantive changes for accuracy, consistency, and clarity.” There are indeed no wholesale changes from the version adopted by the California attorney general in June 2020 and the final CCPA Regs released on August 14, 2020. That said, the following changes, while not altogether transformative, could nonetheless cause businesses to update their CCPA compliance programs.
Continue Reading The Final California Consumer Privacy Act Regulations Are in Effect

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

CCPA Enforcement: Enter the AG

Dominique Shelton Leipzig (Perkins Coie) moderated the IAPP Keynote, “CCPA Enforcement: Enter the AG,” on July 9, 2020. The discussion featured Supervising Deputy Attorney General Stacey Schesser and Travis LeBlanc (Cooley) who shared their personal insights and views on the California Consumer Privacy Act (CCPA) and its enforcement.

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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. Although the CCPA became effective on January 1, 2020, the regulations were not issued in final form until June 1, 2020. As a result, many companies are still in the process of developing their approach to complying with the CCPA’s requirements–particularly those that relate to financial incentives. If your company offers programs that may fall within the definition of “financial incentives” or “price or service differences,” you should be aware of the CCPA’s requirements related to those types of offerings, including the requirement to provide notice of the financial incentive and disclose a good faith estimate of the value of the consumer’s data that forms the basis of the offering. The California Attorney General is expected to begin enforcing the CCPA on July 1, 2020.

Continue Reading CCPA Compliance: Financial Incentives Requirements

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. Two high-profile cases filed after January 1 directly allege violations of the CCPA and have attracted attention. Other cases that either allege CCPA violations or otherwise cite to the statute have received less notice. Even if the cases do not result in decisions that are binding on future litigants, the arguments are worth a look because they may signal trends for which privacy litigators should be prepared. To that end, this privacy quick tip aims to paint a broader picture of how the CCPA has been referenced in litigation and identify a few potential trends to keep an eye on.
Continue Reading CCPA in Litigation: 2018 to Present

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. In a pandemic environment, companies, employers, and public institutions are grappling, outside the HIPAA context, with unique privacy, data security, and cybersecurity implications of their responses to the coronavirus. From a compliance perspective, businesses are considering under what circumstances they can disclose consumer or employee health conditions or geolocation information in the service of greater public health. Other companies —and governmental institutions at every level—are confronting the very real, and often opportunistic threats to data security posed by aggressive thieves who use crises as cover to commit an assortment of cybercrimes. Privacy and security requirements vary by jurisdiction, so businesses should be mindful of potentially divergent and overlapping approaches and responsibilities as the situation continues to evolve.

We offer a few updates and practical tips for best practices to promote compliance with privacy and data security requirements.


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

On March 11, 2020, the California Attorney General published its second modification to the California Consumer Privacy Act (CCPA) proposed regulations (“Second Modified Proposed Regs”). The redline includes the Second Modification language in blue and green as well as the first modification edits that were issued on February 10, 2020 (“First Modified Proposed Regs”). Collectively, the First Modified Proposed Regs and the Second Modified Proposed Regs are referred to below as the “Modified Proposed Regs.” The redlined comparison between the originally proposed regulations and the Modified Proposed Regs can be found here. All citations below are to the Modified Proposed Regs posted on March 11, 2020.  In addition to changes to the regulations, the Attorney General added supporting documents and information, which can be found here.

Continue Reading Updated: Modifications to Proposed CCPA Regulations: 10 Take-Aways

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. The CCPA defines consumers to mean California residents, and generally defines “business” as for-profit entities that meet certain threshold requirements. Cal. Civ. Code § 1798.140(g) (consumer), (c) (business). The CCPA went into effect on January 1, 2020.
Continue Reading Business Solutions for CCPA Compliance

The California Consumer Privacy Act (CCPA) officially went into effect on January 1, 2020. For a full discussion of how the CCPA and the Attorney General’s proposed regulations will impact businesses, see here. To comply with the law, businesses must implement technical solutions to the CCPA’s various notice, submission, verification, and opt-out of sale requirements. Here are a few technical updates to facilitate compliance with the CCPA.
Continue Reading The CCPA Is Live: Here Are the Technical Updates You Can Make to Comply