On March 8, 2024, the California Privacy Protection Agency Board discussed and voted 3-2 in favor of further edits to revised draft regulations regarding risk assessments and automated decisionmaking technology, which were released in February 2024, but did not initiate the formal rulemaking process for these regulations, which is anticipated to begin in July 2024.
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California
California Seeks to Regulation Employer Use of AI
As reported on the Hunton Employment & Labor Perspectives blog, on February 15, 2024, California lawmakers introduced the bill AB 2930. AB 2930 seeks to regulate use of artificial intelligence (“AI”) in various industries to combat “algorithmic discrimination.” The proposed bill defines “algorithmic discrimination” as a “condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people” based on various protected characteristics including actual or perceived race, color, ethnicity, sex, national origin, disability and veteran status. Continue Reading California Seeks to Regulation Employer Use of AI
California Children’s Privacy Bill Moves to Committee
On February 12, 2024, California bill AB-1949 was referred to the Assembly Committee on Privacy and Consumer Protection. The bill would amend the California Consumer Privacy Act (as amended by the California Privacy Rights Act) to significantly expand businesses’ obligations with respect to the personal information of consumers under the age of 18.
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Second CCPA Enforcement Action Settlement Announced by California AG
On February 21, 2024, the California Attorney General announced that it had reached a settlement resolving an enforcement action under the California Consumer Privacy Act (“CCPA”) and the California Online Privacy Protection Act (“CalOPPA”) brought against online food delivery company DoorDash, Inc. (the “Company”). This is the AG’s second CCPA enforcement settlement, following the agency’s settlement with Sephora.Continue Reading Second CCPA Enforcement Action Settlement Announced by California AG
Court Restores CPPA’s Authority to Enforce CPRA Regulations
On February 9, 2024, a California state court of appeal ruled in favor of the California Privacy Protection Agency and vacated the lower court order postponing enforcement of the CPPA’s final regulations under the California Consumer Privacy Act.
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New Wave of Website Privacy Lawsuits Under the Pen Register and Trap and Trace Device Theory
California class action plaintiffs have begun to file under a new theory—the pen register and trap and trace device theory under Section 638.51 of the California Invasion of Privacy Act. A recent California decision denied the motion to dismiss as to the Section 638.51 claim, rejecting the argument that the defendant’s software was not a pen register. …
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California Privacy Protection Agency Publishes Draft Regulations on Automated Decisionmaking Technology
On November 27, 2023, the California Privacy Protection Agency published its draft regulations on automated decisionmaking technology. …
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California Privacy Protection Agency Board Meeting Scheduled for December 8, 2023
The California Privacy Protection Agency Board announced an upcoming public meeting to take place over Zoom on Friday, December 8, 2023. …
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California Enacts Amendments to the CCPA and Other New Laws
On October 8, 2023 and October 10, 2023, California Governor Gavin Newsom signed A.B. 947, A.B. 1194, S.B. 362 and S.B. 244 into law. …
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California Advocate General Appeals Age-Appropriate Design Code Preliminary Injunction
On October 18, 2023, California Attorney General Rob Bonta filed an appeal to overturn a preliminary injunction issued by the U.S. District Court for the Northern District of California last month that prevents the enforcement of the California Age-Appropriate Design Code Act. …
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