In preparation for the California Privacy Rights Act (CPRA), effective January 1, 2023, the California AG Rob Bonta has been actively enforcing the California Consumer Privacy Act (CCPA) and providing updated guidance for consumers and businesses. The AG recently held a press conference to discuss enforcement proceedings brought by his office over the last year
Six advertising law trends and what brands should watch out for in in 2021
In a Law360 article published last week, the top six media and advertising trends expected in 2021 are discussed. It is no surprise that data privacy and protection issues will likely continue to be a major focus for those operating in the media and advertising sectors. Two major themes identified include the potential for increased
The wait is over: Final CCPA regulations have been submitted
After many months and several rounds of revisions, the Office of the California Attorney General has finally submitted the final proposed regulations package under the California Consumer Privacy Act (CCPA) to the California Office of Administrative Law (OAL).
The complete package, which includes the Final Text of Proposed Regulations and the Final Statement of Reasons, was submitted on June 1, 2020. A comparison between the most recent second modified regulations – which were released on March 27, 2020 – and the Final Text of Proposed Regulations reveals very few changes. In fact, the changes were entirely grammatical, with no substantive revisions. This means that the last round of revisions, summarized here, will be implemented.Continue Reading The wait is over: Final CCPA regulations have been submitted
Remember to consent in the time of COVID-19
In a world where we have been ordered to stay home and shelter in place to combat the spread of COVID-10 our children are now learning remotely. While it is fortunate that technology allows students to continue the school year at home, remote learning presents an obstacle where children’s privacy is concerned.
In the United States, the Children’s Online Privacy Protection Act (COPPA) governs the collection of personal information from children under the age of 13. It generally requires the provider of a website or online service directed at children to obtain “verifiable parental consent” before collecting any personal information from children. “Verifiable parental consent” can be obtained in a number of ways—for example, through a signed consent form that is returned via mail or electronic scan, or the use of a credit card or other online payment system that provides notification of each separate transaction to the account holder—but whatever method is used must be reasonably designed to ensure that the person giving the consent is the child’s parent or legal guardian.
Continue Reading Remember to consent in the time of COVID-19
CCPA litigation is here: putative class action filed for alleged notice and collection violations
Although the California Consumer Privacy Act (CCPA) specifically precludes private lawsuits except for those resulting from certain data breaches, that has not stopped at least one plaintiff from bringing a putative class action based on an alleged CCPA violation.
A proposed class action was filed on February 27, 2020, in the Southern District of California against Clearview AI (Burke v. Clearview AI, Inc., S.D. Cal., No. 3:20-cv-00370-BAS-MSB). The complaint alleges that Clearview’s facial recognition technology – which scrapes, without notice or consent, social media websites for images of consumers’ faces – violates, among other laws, both the CCPA and the Illinois Biometric Information Privacy Act (BIPA). According to the complaint, Clearview’s facial recognition software uses the billions of scraped images in its database to generate a type of biometric information, known as a “faceprint,” to match a face to other personally identifiable information; it then sells access to the faceprint database to law enforcement agencies and private companies. The complaint charges that Clearview improperly collected personal information without properly notifying consumers.Continue Reading CCPA litigation is here: putative class action filed for alleged notice and collection violations
The growth of Adtech and how it falls into privacy laws’ crosshairs
The onslaught of privacy regulations has impacted every industry and, while it seems that no industry can be flat footed – from auto manufacturers to ecommerce platforms – one in particular has had to remain especially nimble: the advertising technology (Adtech) industry.
The Adtech industry has struggled with privacy regulations, including the CCPA, but it
Top advertising law trends of 2020
As we look toward a new year and a new decade, advertisers will need to be a step ahead of the market, in order to keep up with changing trends, a world impacted by an increased sensitivity to privacy and the use of data, and consumers who have grown savvy to influencer marketing and product