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.
Continue Reading CPPA Board Holds Meeting on Revised Draft Regulations for Risk Assessment and Automated Decisionmaking Technology

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

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.
Continue Reading California Children’s Privacy Bill Moves to Committee

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

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.
Continue Reading New Wave of Website Privacy Lawsuits Under the Pen Register and Trap and Trace Device Theory

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.
Continue Reading California Advocate General Appeals Age-Appropriate Design Code Preliminary Injunction