Keypoint: The CPRA is relatively prescriptive in how organizations must receive and respond to consumer requests, while the CPA and VCDPA introduce an appeal process and other nuances that will require adjusting existing CCPA consumer response processes.

This is the tenth and final post in our ten-part weekly series comparing key provisions of the California Privacy Rights Act (CPRA), Colorado Privacy Act (CPA), and Virginia Consumer Data Protection Act (VCDPA). With the operative dates of these laws drawing near, this series has explored important distinctions between them. Following this series, we will continue to provide updates and insights into these and other state privacy laws, including following the CPRA and CPA rulemaking processes. If you are not already subscribed to our blog, consider subscribing now to stay updated.

In this article we examine how each of the three state laws approaches consumer requests, including the types of requests consumers may submit, the methods organizations must employ to receive requests, and the timeframes in which to verify and respond to requests. The analysis below provides a high-level summary of the response frameworks under each law. It does not dive into statutory exceptions or how to substantively respond to requests.

The California Consumer Privacy Act (CCPA) and its regulations, as amended by the CPRA, is relatively prescriptive as it concerns processing consumer requests. The CPA and VCDPA, meanwhile, provide parameters but leave the processing of consumer requests largely to the discretion of the organization. Unique to the CPA and VCDPA, however, is the introduction of an appeals process that must also inform or assist the consumer in contacting the state Attorney General if dissatisfied with the result of the appeal.

Continue Reading How do the CPRA, VCDPA & CPA treat consumer requests?

Keypoint: Advertising platform settles with the FTC over allegations that it collected location data without consent and collected information from child-directed apps without notice or parental consent in violation of the FTC Act and COPPA.

Online advertising exchange platform, OpenX Technologies, Inc., has been ordered to pay $2 million of a $7.5 million judgment to settle Federal Trade Commission allegations that it misrepresented its data collection, use, and disclosure practices as it concerns personal information collected from children and location information collected from consumers who had not granted or had denied requisite location permissions.

Continue Reading Behind the Scenes but Not Above the Law: Advertising Platform OpenX To Pay $2 Million FTC Settlement

Keypoint: The California Attorney General’s office again introduces an opt-out button.

On December 10, 2020, the California Attorney General’s office published a fourth set of proposed modifications to the California Consumer Privacy Act (CCPA) regulations. The deadline to submit comments to the proposed modifications is Monday, December 28, 2020.

The latest set of proposed modifications are revisions to the office’s third set of proposed modifications, published on October 12, 2020. The deadline to submit comments to the third set of modifications passed on October 28, 2020. For a discussion on the third set of modifications, see our prior blog post available here.

Continue Reading CCPA Update: AG’s Office Publishes Fourth Set of Proposed Changes to CCPA Regulations

Keypoint: App developers will need to navigate a new privacy questionnaire designed to provide users with an easy to understand presentation of an App’s privacy practices.

As of December 8, 2020, Apple now requires all newly submitted applications (Apps) on its App Store, or updates to Apps, to include a privacy nutrition label describing the App’s privacy practices. This is in addition to Apple’s existing requirement that all Apps provide a link to a publicly accessible full privacy policy.

The privacy nutrition label is automatically generated based on a developer’s answers to a series of questions about the types of data the App collects (both first party and third-party collection), how each data type is used, whether the data is linked to the user, and whether the data is used for tracking purposes.

In the below post, we outline the four steps required by Apple.

Continue Reading Apple Implements Privacy “Nutrition Label” for Apps

Keypoint: Some additional changes to the CCPA regulations were made before they were filed with the Secretary of State and became effective.

As discussed in our prior post, on Friday, August 14, 2020, the California Office of Administrative Law (OAL) approved the California Office of the Attorney General’s (OAG) final CCPA regulations and filed them with the California Secretary of State (SOS). The regulations were immediately effective.

Notably, the final text of the regulations submitted to the SOS was modified from the one filed with the OAL. The OAG published an Addendum to the Final Statement of Reasons setting forth the changes. Many of the changes are stylistic and grammatical. However, some of the changes are substantive and will impact compliance efforts. The most notable changes are discussed below:

Continue Reading CCPA Update: Analyzing the Changes to the Final CCPA Regulations

On August 14, 2020, Attorney General Becerra announced that the California Office of Administrative Law (OAL) approved the final regulations related to the California Consumer Privacy Act (CCPA) an filed them with the Secretary of State. The regulations go into effect immediately.

The Attorney General’s office submitted the final proposed regulations to the OAL on June 1, 2020. As part of the final regulations package, the Attorney General requested an expedited review of 30 business days and that the regulations become effective upon filing with the Secretary of State. Although not satisfying the 30-day request, the OAL did complete its review in short order, particularly in light of two executive orders by California’s governor extending the OAL’s review period by an additional 120 days.

Continue Reading CCPA Final Regulations Approved and Effective Immediately

During a webinar last week hosted by the International Association of Privacy Professionals, a representative from the California Attorney General’s office confirmed that on July 1, the first date of the AG’s statutory enforcement authority, the office sent its first set of CCPA enforcement letters. Per the statute, businesses have 30 days to cure the violations before the AG’s office may commence a confidential investigation or initiate a lawsuit.

Continue Reading CCPA Update: AG’s Office Confirms CCPA Enforcement Has Begun

Keypoint: The use of no-contact temperature taking devices can be an important part of a company’s return-to-work program, but companies should fully vet these devices to ensure that they are not unintentionally violating privacy laws or exposing themselves to potential liabilities.

As U.S. companies start planning and implementing return-to-work plans, many are considering whether to use no-contact temperature taking devices.

The federal government has recognized that taking temperatures is a step that companies can take to mitigate the risk of spreading coronavirus. For example, the CDC interim guidance for critical infrastructure workers recommends that employers “measure the employee’s temperature and assess symptoms prior to them starting work.” EEOC return-to-work guidance also recognizes that employee screening “may include continuing to take temperatures . . . of all those entering the workplace.”

States and cities also have recommended taking temperatures. For example, in Colorado, the Governor’s office has encouraged large workplaces to implement symptom and temperature checks as part of the state’s gradual return-to-work strategy. New York Mayor Bill de Blasio has stated that temperature checks will be part of the City’s return-to-work program. New Jersey Governor Phil Murphy suggested that restaurants could check temperatures before allowing customers to enter.

However, the taking of temperatures creates logistical issues such as who should take the temperatures, what precautions should be in place, and when and where the temperatures should be taken. As with many other facets of this pandemic, companies have looked to technology to answer some of these questions, and there are many solutions – some old, some new – in the marketplace.

Depending on the type of device, the use of no-contact temperature taking devices can raise numerous privacy issues. As companies begin to vet and implement these devices, they will need to ensure that they do not unintentionally violate privacy laws or assume potential liabilities.

Continue Reading U.S. Privacy Law Implications with the Use of No-Contact Temperature Taking Devices

Keypoint: The AG’s office again signals that the CCPA’s July 1 enforcement deadline will not be extended.

In another sign that the California Attorney General has no plans to delay the CCPA’s July 1, 2020, enforcement deadline, on Friday April 10, 2020, the AG’s office issued a press release reminding California residents of their data privacy rights during the COVID-19 pandemic.

Continue Reading CCPA Update: AG Says CCPA Privacy Rights Now “More Important Than Ever”