Many modern data privacy statutes rely heavily on regulatory enforcement. The amount of civil penalty that a regulator can see for violations differs between and among the states. It should also be noted, there may be ambiguity within certain states regarding how violations are “counted.” For example, a business might consider the inadvertent selling of
Most modern U.S. data privacy statutes require companies to allow data subjects to opt out of having their personal information used for targeted advertising. As the following chart indicates, the term “targeted advertising” is defined consistently between and among most state statutes with the noticeable exception of the California Consumer Privacy Act (CCPA) and its
Modern state privacy laws have attempted to carve out organizations that process de minimis amounts of personal information, or whose business activities do not monetize data. The specific thresholds used, however, differ between states. The following provides a comparison of the thresholds that each statute creates for organizations that are subject to regulatory compliance obligations:
All modern privacy statutes regulate when personal information can be shared with third parties, whether those third parties are service providers, vendors, contractors, or business partners. Most modern privacy statutes recognize, however, that privacy risks are reduced when the third party is related to the organization from which the data originates. As the following chart
The terms “pseudonymize” and “pseudonymization” are commonly referenced in the data privacy community, but their origins and meaning are not widely understood among American attorneys. Most American dictionaries do not recognize either term.[1] While they derive from the root word “pseudonym” – which is defined as a “name that someone uses instead of his
Modern data privacy statutes create special rules for activities that involve “selling.” Among other things, most modern U.S. data privacy statutes require companies to allow data subjects to opt out of having their personal information sold. As the following chart indicates, the term “sale” is defined slightly different between and among state statutes, with some
What types of documents, policies, procedures, and protocols should service providers consider putting in place to comply with the CCPA?
The written policies and procedures that service providers put into place to assist in their compliance with the CCPA differ depending upon several factors including the size of the service provider, the quantity of personal
The California Consumer Privacy Act (CCPA) provides plaintiffs with a private right of action to pursue statutory damages following data security breaches that impact certain sensitive categories of personal information and are caused by a business’s failure to institute reasonable and appropriate security. Although the CCPA does not permit private suits with respect to alleged
The California attorney general (AG) celebrated data privacy day by doing an “investigative sweep” of the loyalty programs of retailers, supermarkets, home improvement stores, travel companies, and food service companies, and sending out notices of non-compliance to businesses that the AG’s office believes might not be fully compliant with the CCPA. As the
No. The European GDPR does not use the term “service provider” and, instead, refers to “processors.” Click here to read the full answer, published by the Washington Legal Foundation.