On August 29, 2018, Bloomberg Law reported that four Senate Commerce Committee members are discussing a potential online privacy bill. The bipartisan group consists of Senators Jerry Moran (R-KS), Roger Wicker (R-MS), Richard Blumenthal (D-CT) and Brian Schatz (D-HI), according to anonymous Senate aides. Continue Reading Senate Commerce Committee Members Rumored to be Discussing Online Privacy Bill
As reported in BNA Privacy Law Watch, a California legislative proposal would allocate additional resources to the California Attorney General’s office to facilitate the development of regulations required under the recently enacted California Consumer Privacy Act of 2018 (“CCPA”). CCPA was enacted in June 2018 and takes effect January 1, 2020. CCPA requires the California Attorney General to issue certain regulations prior to the effective date, including, among others, (1) to update the categories of data that constitute “personal information” under CCPA, and (2) certain additional regulations governing compliance (such as how a business may verify a consumer’s request made pursuant to CCPA). The proposal, which was presented in two budget bills, would allocate $700,000 and five staff positions to the California Attorney General’s office to aid in the development of the required regulations. The legislature is expected to pass the relevant funding measure by August 31, 2018. California Attorney General Xavier Becerra has stated that he expects his office will issue its final rules under CCPA in June 2019.
On July 19, 2018, the French Data Protection Authority (“CNIL”) announced that it served a formal notice to two advertising startups headquartered in France, FIDZUP and TEEMO. Both companies collect personal data from mobile phones via software development kit (“SDK”) tools integrated into the code of their partners’ mobile apps—even when the apps are not in use—and process the data to conduct marketing campaigns on mobile phones. Continue Reading CNIL Serves Formal Notice to Marketing Companies to Obtain User’s Consent for Processing Geolocation Data for Ad Targeting
On July 31, 2018, the Supreme Court of Ireland granted Facebook, Inc.’s (“Facebook”) leave to appeal a lower court’s ruling sending a privacy case to the Court of Justice of the European Union (the “CJEU”). Austrian privacy activist Max Schrems challenged Facebook’s data transfer practices, arguing that Facebook’s use of standard contractual clauses failed to adequately protect EU citizens’ data. Schrems, supported by Irish Data Protection Commissioner Helen Dixon, argued that the case belonged in the CJEU, the EU’s highest judicial body. The High Court agreed. Facebook’s request to appeal followed. Continue Reading Supreme Court of Ireland to Review Facebook Privacy Case
On June 28, 2018, the Governor of California signed AB 375, the California Consumer Privacy Act of 2018 (the “Act”). The Act introduces key privacy requirements for businesses, and was passed quickly by California lawmakers in an effort to remove a ballot initiative of the same name from the November 6, 2018, statewide ballot. We previously reported on the relevant ballot initiative. The Act will take effect January 1, 2020. Continue Reading California Consumer Privacy Act Signed, Introduces Key Privacy Requirements for Businesses
On June 21, 2018, California lawmakers introduced AB 375, the California Consumer Privacy Act of 2018 (the “Bill”). If enacted and signed by the Governor by June 28, 2018, the Bill would introduce key privacy requirements for businesses, but would also result in the removal of a ballot initiative of the same name from the November 6, 2018, statewide ballot. We previously reported on the relevant ballot initiative. Continue Reading California Assembly Bill Aims to Avert State Ballot Initiative Related to Privacy
Recently, Iowa and Nebraska enacted information security laws applicable to personal information. Iowa’s law applies to operators of online services directed at and used by students in kindergarten through grade 12, whereas Nebraska’s law applies to all commercial entities doing business in Nebraska who own or license Nebraska residents’ personal information. Continue Reading Iowa and Nebraska Enact Information Security Laws
On November 6, 2018, California voters will consider a ballot initiative called the California Consumer Privacy Act (“the Act”). The Act is designed to give California residents (i.e., “consumers”) the right to request from businesses (see “Applicability” below) the categories of personal information the business has sold or disclosed to third parties, with some exceptions. The Act would also require businesses to disclose in their privacy notices consumers’ rights under the Act, as well as how consumers may opt out of the sale of their personal information if the business sells consumer personal information. Continue Reading California Ballot Initiative to Establish Disclosure and Opt-Out Requirements for Consumers’ Personal Information
Recently, the Personal Data Collection and Protection Ordinance (“the Ordinance”) was introduced to the Chicago City Council. The Ordinance would require businesses to (1) obtain prior opt-in consent from Chicago residents to use, disclose or sell their personal information, (2) notify affected Chicago residents and the City of Chicago in the event of a data breach, (3) register with the City of Chicago if they qualify as “data brokers,” (4) provide specific notification to mobile device users for location services and (5) obtain prior express consent to use geolocation data from mobile applications. Continue Reading Chicago Introduces Data Protection Ordinance
Recently, Vermont enacted legislation (H.764) that regulates data brokers who buy and sell personal information. Vermont is the first state in the nation to enact this type of legislation.
- Definition of Data Broker. The law defines a “data broker” broadly as “a business, or unit or units of a business, separately or together, that knowingly collects and sells or licenses to third parties the brokered personal information of a consumer with whom the business does not have a direct relationship.”
- Definition of “Brokered Personal Information.” “Brokered personal information” is defined broadly to mean one or more of the following computerized data elements about a consumer, if categorized or organized for dissemination to third parties: (1) name, (2) address, (3) date of birth, (4) place of birth, (5) mother’s maiden name, (6) unique biometric data, including fingerprints, retina or iris images, or other unique physical or digital representations of biometric data, (7) name or address of a member of the consumer’s immediate family or household, (8) Social Security number or other government-issued identification number, or (9) other information that, alone or in combination with the other information sold or licensed, would allow a reasonable person to identify the consumer with reasonable security.
- Registration Requirement. The law requires data brokers to register annually with the Vermont Attorney General and pay a $100 annual registration fee.
- Disclosures to State Attorney General. Data brokers must disclose annually to the State Attorney General information regarding their practices related to the collection, storage or sale of consumers’ personal information. Data brokers also must disclose annually their practices, if any, for allowing consumers to opt out of the collection, storage or sale of their personal information. Further, the law requires data brokers to report annually the number of data breaches experienced during the prior year and, if known the total number of consumers affected by the breaches. There are additional disclosure requirements if the data broker knowingly possesses brokered personal information of minors, including a separate statement detailing the data broker’s practices for the collection, storage and sale of that information and applicable opt-out policies. Importantly, the law does not require data brokers to offer consumers the ability to opt out.
- Information Security Program. The law requires data brokers to develop, implement and maintain a written, comprehensive information security program that contains appropriate physical, technical and administrative safeguards designed to protect consumers’ personal information.
- Elimination of Fees for Security Freezes. The law eliminates fees associated with a consumer placing or lifting a security freeze. Previously, Vermont law allowed for fees of up to $10 to place, and up to $5 to lift temporarily or remove, a security freeze.
- Enforcement. A violation of the law is considered an unfair and deceptive act in commerce in violation of Vermont’s consumer protection law.
- Effective Date. The registration and data security obligations take effect January 1, 2019, while the other provisions of the law take effect immediately.
In a statement, Vermont Attorney General T.J. Donovan said, “This bill not only saves [Vermonters] money, but it gives them information and tools to help them keep their personal information secure.”