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On March 26, 2020, amendments to Washington, D.C.’s data breach notification law were enacted in bill number B23-0215.  Put briefly, the amendments impose various prevention, response, and mitigation obligations on businesses regarding data breaches that affect D.C. residents.  Below is a summary of the key changes of which businesses should be aware.
Continue Reading Amendments to D.C.’s data breach law create new data security and breach notification obligations for businesses

Another potentially groundbreaking California ballot initiative has been announced, just as companies began to digest and incorporate the amendments to the California Consumer Privacy Act (CCPA) into their compliance plans and learned the draft CCPA regulations will be issued by the California Attorney General in October. Last week, the primary advocate for and co-architect of the CCPA announced a new privacy initiative for California’s November 2020 ballot – the California Privacy Rights and Enforcement Act of 2020 (CPREA), which would revise and expand upon the CCPA.

The new law would:

  • Create new rights around the use of sensitive personal information including race, ethnicity, geolocation, health and financial information.
  • Provide enhanced protection for children’s privacy by requiring opt-in consent to collect data from individuals under 16 and tripling CCPA fines on children’s privacy violations.
  • Require transparency around automated decision-making and profiling regarding employment, housing, credit, and politics.
  • Establish a new authority, the California Privacy Protection Agency, to enhance enforcement of the law and provide guidance to consumers.
  • Require corporations to disclose whether and how they use personal information to influence elections.
  • Require that future amendments are limited to furthering the law.

Continue Reading A new California privacy initiative seeks to further bolster individual privacy rights