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David Zetoony, Co-Chair of the firm's U.S. Data, Privacy and Cybersecurity Practice, focuses on helping businesses navigate data privacy and cyber security laws from a practical standpoint. David has helped hundreds of companies establish and maintain ongoing privacy and security programs, and he has defended corporate privacy and security practices in investigations initiated by the Federal Trade Commission, and other data privacy and security regulatory agencies around the world, as well as in class action litigation.

David receives regular recognitions from clients and peers for his knowledge and experience in the fields of data privacy and security. The National Law Journal named him a “Cybersecurity and Data Privacy Trailblazer,” JD Supra recognized him four times as one of the most widely read names when it comes to data privacy, cyber security, or the collection and use of data, and Lexology identified him six times as the top “legal influencer” in the area of technology, media, and telecommunications in the United States, the European Union, and in the context of cross-border transfers of information. He is the author of the American Bar Associations primary publication on the European General Data Protection Regulation (GDPR) and is writing the American Bar Associations primary publication on the California Consumer Privacy Act (CCPA).

During the rulemaking process, the Office of the Attorney General was requested to clarify that a business is not required to search for, and produce, “unstructured data” such as paper records in response to an access request.1 The Attorney General declined the request, stating that the exclusion of “all unstructured data is not as

While the CPRA deferred a majority of the CCPA’s employee-related substantive requirements until Jan. 1, 2023, employers are still required to provide employees with a notice at collection.[1] As a result, since Jan. 1, 2020, a notice at collection, which must be provided “at or before the point at which” the collection of information

The EU General Data Protection Regulation and the California Consumer Privacy Act took different paths to come into existence, but as Greenberg Traurig Co-Chair, U.S. Data, Privacy & Cybersecurity David Zetoony writes, the two bills are still related. Zetoony looks back at the creation of the bills, and explains that when looking at future privacy

A law firm may be considered a service provider under the CCPA to the extent that a written contract between the law firm and its client (e.g., an engagement letter) prohibits the law firm from using, retaining, and disclosing personal information except to the extent permitted by the client. As the CCPA only requires that

  1. EEA Cross-Border Transfers. The U.S. and the EU will work towards, and hopefully reach, a cross-border data transfer solution.
  2. Ransomware. More ransomware attacks and increased regulatory scrutiny of companies that pay ransom demands.
  3. Digital Advertising. Development of alternate marketing strategies, and perhaps more reliance on consumer opt-in, as privacy laws further erode traditional tracking

The CPRA, which modified the CCPA, uses the term “right to know” and “right to access” synonymously.1 The regulations implementing the CCPA use the phrase “request to know” exclusively. Most data privacy attorneys use the term “access rights” and requests for such information as “access requests,” as those terms have historically been used within

The CCPA and its implementing regulations identify six types of information requests that a consumer can submit to a business. As the first five requests ask that a business respond with broad information about the type of information collected (as opposed to the actual information itself), they are often referred to as category-level access requests.

The CCPA permits consumers to “institute a civil action” only where certain types of personal information are “subject to an unauthorized access and exfiltration, theft, or disclosure.”1 The CCPA does not provide a private right of action, nor does it provide statutory damages, if a business violates its obligation to provide notice concerning its