May 2020

Resulting in Zoom Promising to Implement an Information Security Program, Resembling the SHIELD Act

Key point: The Letter of Agreement between the New York Attorney General and Zoom Video Communications, Inc. provides insight into what the Attorney General may consider satisfying the Reasonable Safeguards requirement under the SHIELD Act.

On May 7, 2020 Zoom Video Communications, Inc. (Zoom) became the first company to experience one of the new enforcement tools available to the New York Attorney General’s Office (NYAG) under the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act).

The SHIELD Act took effect on March 21, 2020, and requires any person or business owning or licensing computerized data containing the private information of a New York resident “to develop, implement and maintain reasonable safeguards to protect the security, confidentiality and integrity of that private information.” GBL § 899-BB(2).

Keypoint: If the California Privacy Rights Act is approved by voters in November, it would trigger a series of deadlines ultimately culminating in a January 1, 2023 effective date and July 1, 2023 enforcement date.

On May 4, 2020, privacy advocates reported that they were submitting over 900,000 signatures to qualify the California Privacy Rights Act (CPRA or CCPA.20) for the November election. Assuming the initiative passes the signature verification process, it would be on the November 3, 2020 ballot and become law if approved by a simple majority of California voters.

If the CPRA does pass in November, it will trigger a complicated timeline of staggered effective and enforcement dates and regulatory rulemaking deadlines.

Keypoint: Advocates seem certain that they have done enough to qualify CCPA 2.0 for the November ballot.

On May 4, 2020, the Californians for Consumer Privacy advocacy group announced that they were submitting over 900,000 signatures to qualify the California Privacy Rights Act (CPRA, commonly referred to as “CCPA 2.0”) for the November 2020 ballot.…