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Happy Data Privacy Day! Today we report on New York Governor Andrew Cuomo s recent State of the State address, in which he announced the state s 2021 policy agenda. Included in the Governor s agenda are enhanced consumer protections over data privacy mirroring both the California Consumer Privacy Act (CCPA) and the EU s General Data Protection Regulation (GDPR) and proposing technology resources and assistance to community and regional banks as part of post COVID-19 reconstruction efforts.
Data Privacy
Governor Cuomo proposes a comprehensive law aimed at enhancing digital privacy. Specifically, the law will provide New York residents with greater transparency and protection over their personal data. Various enforcement mechanisms will ensure accountability for the illegal use of consumer data. Entities will be required to disclose the purpose for which they are collecting consumer information, and use will be restricted
WHAT MATTERS? Is your organization ready for California’s latest privacy rights law, enacted at the end of 2020 – the CPRA? This article addresses some key considerations to help you.
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On January 28, 2021, privacy professionals around the world will celebrate Data Privacy Day. This year, we decided to mark the occasion by gathering our team’s thoughts and expectations on what we expect to be the biggest privacy law stories in 2021 and beyond.
Last year we wrote a similar article, attempting to predict how the privacy landscape would unfold in 2020. We got some things right (e.g., the emergence of CCPA 2.0). But, let’s be honest, in March everything changed, including privacy law. As spring turned into summer our writing focused on the privacy law implications of COVID-19, including contact tracing, no contact temperature taking, and the unanticipated collection of heath information, among other unexpected topics. We also took note of developments overseas, including the Court of Justice of the European Union’s
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In honor of Data Privacy Day, we provide the following “Top 10 for 2021.” While the list is by no means exhaustive, it does provide some hot topics for organizations to consider in 2021.
COVID-19 privacy and security considerations.
During 2020, COVID-19 presented organizations large and small with new and unique data privacy and security considerations. Most organizations, particularly in their capacity as employers, needed to adopt COVID-19 screening and testing measures resulting in the collection of medical and other personal information from employees and others. This will continue in 2021 with the addition of vaccination programs. So, for 2021, ongoing vigilance will be needed to maintain the confidential and secure collection, storage, disclosure, and transmission of medical and COVID-19 related data that may now include tracking data related to vaccinations or the side effects of vaccines.
Wednesday, January 27, 2021
The California Consumer Privacy Act (the “CCPA”) went into effect on January 1, 2020. CPW has covered some of the privacy litigations involving the CCPA (and the first CCPA class action settlement). For those of you wondering whether the CCPA limited the scope of discovery in litigation, at least one federal court last year held it
does not.
Will Kaupelis v. Harbor Freight Tools USA, Inc., Case No. 19-01203 (C.D. Cal.)
As a reminder, the CCPA regulates any “business” that “does business in California,” even those without a physical presence in the state, and determines the means and purposes of the processing of “personal information” (“PI”). Aligning with the European Union’s General Data Privacy Regulation (“GDPR”), the CCPA defines “personal information” to include “information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked,