As an update to our previous post, HHS announced that the deadline to submit comments on their proposed rule to revise HIPAA regulations was extended until May 6, 2021. Changes contemplated by the proposed rule involve relaxing certain privacy standards, strengthening individuals’ rights to access their protected health information (PHI) and other initiatives that
CPRA Update: Board Appointments Announced for California Privacy Protection Agency
Keypoint: The appointment of the five California Privacy Protection Agency board members is the first significant step to the California Privacy Rights Act becoming fully operative in 2023.
On March 17, California officials announced the establishment of the five-member inaugural board for the California Privacy Protection Agency (CPPA). The CPPA was established by the California Privacy Rights Act (CPRA), which California voters approved in the November election. The CPPA will take over rulemaking duties from the California Attorney General’s office and will administratively enforce the CPRA. Given that California has the world’s fifth largest economy, the CPPA has the potential to be one of the most important data privacy authorities in the world.
CCPA Update: New Regulations Approved
Keypoint: Modifications to the CCPA regulation’s provisions regarding requests to opt-out and authorized agent requests are now final.
On March 15, 2021, the California Attorney General’s office announced that the Office of Administrative Law has approved the Attorney General’s proposed changes to the CCPA regulations. The new regulations make three general changes relating to the right to opt out of sales and one change to authorized agent requests. In addition, the Attorney General’s press release reaffirms that enforcement activities are proceeding.
Status of Proposed CCPA-Like State Privacy Legislation as of March 15, 2021
Keypoint: There were four notable developments this week: the Florida House passed a bill out of committee, lawmakers proposed a new bill in Texas, the Washington Privacy Act was scheduled for a public hearing and committee session on March 17 and 19, respectively, and the Illinois Right to Know Act was scheduled for a March 19 hearing in the Cybersecurity, Data Analytics & IT Committee.
For the third week in a row, we are providing an update on the status of proposed CCPA-like privacy legislation. Before we get to our update, we wanted to provide three reminders.
First, we hosted a webinar on Virginia’s Consumer Data Protection Act on March 11. You can access the recording here.
Second, we have been regularly updating our 2021 State Privacy Law Tracker to keep pace with the latest developments. We encourage you to bookmark the page for easy reference.
Third, the contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated.
New York’s DFS Publishes a Cyber Insurance Risk Framework
Keypoint: New York’s Division of Financial Services (DFS) now requires Property and Casualty Insurers writing cyber insurance to comply with the Division’s Cyber Insurance Risk Framework to manage their risk.
In her letter introducing the Cyber Insurance Risk Framework, DFS Superintendent Linda Lacewell states that the increase in frequency and cost of ransomware has not only shown that cybersecurity is of critical importance to modern life, but also that cyber insurance plays a vital role in the mitigation and reduction of risk from ransomware.
According to its 2020 survey, DFS found a 180% increase in the number of ransomware claims between 2018 and 2019, with an increase of 150% on average for the costs associated with those claims. The problem continued in 2020, where DFS received nearly double the number of reports of ransomware attacks from the year prior. Not only are these trends a concern for consumer protection and infrastructure security, the escalating costs pressure the cyber insurance industry to raise prices, tighten its underwriting standards, and issue sweepingly broad exclusions.
Status of Proposed CCPA-Like State Privacy Legislation as of March 8, 2021
Keypoint: It was a busy week for privacy law. Since the update we provided last week Virginia’s bill was signed into law, bills in Washington and Oklahoma advanced, and Utah’s bill failed to pass before its legislative session closed.
Last week, we provided an update on the status of proposed CCPA-like privacy legislation. In that article, we noted that the contents were “time-sensitive and subject to change.” Typical to privacy law, in just a week, the landscape of these proposed laws changed dramatically. Given these changes, we decided to publish another update and, like last week, waited until a weekend when state legislatures are quiet.
Before we get to our update, we wanted to provide three reminders.
First, we will be hosting a webinar on Virginia’s Consumer Data Protection Act on March 11. You can register for the webinar here. If you are unable to attend the webinar live, you can still register, and we will email a copy of the presentation and a link to the webinar recording to you.
Second, we have been regularly updating our 2021 State Privacy Law Tracker to keep pace with the latest developments. We encourage you to bookmark the page for easy reference.
Third, the contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated.
Oklahoma House Passes Computer Data Privacy Act
Keypoint: Although weakened from its original version, the Oklahoma bill would (if enacted) provide substantial privacy rights to Oklahoma residents and, in some respects, provide more privacy protections than found in the CCPA.
On March 4, 2021, the Oklahoma House of Representatives passed the Oklahoma Computer Data Privacy Act by a vote of 85-11 with 5 excused. The bill, which is perhaps best described as a heavily-modified version of the California Consumer Privacy Act (CCPA), will now move to the Oklahoma Senate.
The Oklahoma bill was the subject of extensive reporting last month after a prior version of the bill, which included a private right of action, passed unanimously through the House Technology Committee. However, the private right of action was deleted in a significantly modified version of the bill that was introduced earlier this week.
Yet, even with the amendments, the bill is still notable for at least three reasons: scope of applicability, consent for collection, and opt-in to sales. Below is a high-level summary of the some of the bill’s more notable provisions.
Washington Privacy Act Passes Senate
Keypoint: As expected, the Washington Privacy Act passed the Senate and will now move to the House of Representatives.
For the third year in a row, the Washington Senate overwhelmingly passed the Washington Privacy Act (WPA). This year, the Senate voted 48-1 to pass the bill. The legislation will now move to the House of
Virginia Governor Signs Consumer Data Protection Act
Keypoint: Virginia joins California as the second state to enact state consumer data privacy legislation.
As first confirmed by Amy Miller at MLex, on March 2, 2021, Virginia Governor Ralph Northam signed the Virginia Consumer Data Protection Act (CDPA). The CDPA will go into effect on January 1, 2023. With the enactment of the CDPA,
Status of Proposed CCPA-Like State Privacy Legislation as of March 1, 2021
Keypoint: CCPA-like privacy bills continue to be introduced and work their way through state legislatures.
Those who attended our recent webinar or who subscribe to this blog know that we have been closely tracking proposed CCPA-like legislation in state legislatures across the country. We also launched a 2021 State Privacy Law Tracker to keep pace with the latest developments.
Yet, even with these efforts, there still are numerous developments occurring on a near daily basis. Therefore, we decided to wait until a weekend (when state legislatures are quiet) to provide a summary of where these bills stand. Of course, the contents provided below are time-sensitive and subject to change.