Three modern privacy statutes incorporate the concept that individuals should be able to broadcast a signal from their browser or device that directs an organization to cease providing their personal information to third parties for the purposes of targeted advertising.
The regulations implementing the CCPA, as amended by the CPRA, require organizations to process “opt-out
Modern data privacy statutes require that organizations inform individuals about the organization’s privacy practices by creating a privacy notice (sometimes referred to as a privacy policy or a notice at collection). Some data privacy statutes provide specific directions regarding how the privacy notice must be distributed. For example, the California Consumer Privacy Act and the
The California Consumer Privacy Act and the California Privacy Rights Act specifically state that they do not restrict a business’s ability to collect, use, retain, sell, share, or disclose “aggregated consumer information.”[1] Aggregate consumer information is defined as “information that relates to a group or category of consumers, from which individual consumer identities have
GT Shareholders Gretchen A. Ramos and Darren Abernethy will lead a webinar hosted by the Association of Corporate Counsel titled “Website and Mobile App Compliance Under the CPRA and New State Privacy Laws Effective in 2023” Oct. 6 at 11 a.m. PDT.
Starting Jan. 1, 2023, the California Privacy Rights Act and the CPRA
Modern state privacy laws mandate that agreements with service providers or processors contain specific contractual provisions to govern the parties’ relationship. Which provisions should be included in a vendor agreement, however, differ by state statute. In addition, some state privacy laws impose statutory obligations upon vendors that do not necessarily need to be memorialized in
Modern state privacy laws confer upon individuals the ability to ask for their personal information to be deleted. Statutes differ, however, in the scope of the “deletion right.” For example, some states only permit consumers to request the deletion of personal information that the consumer provided to the organization (allowing the organization to keep personal
Some privacy statutes explicitly reference “sensitive” or “special” categories of personal information. While such terms, when used, often include similar data types that are generally considered as raising greater privacy risks to data subjects if disclosed, the exact categories that fall under those rubrics differ between and among statutes. Furthermore, other privacy statutes do not
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
Many modern data privacy statutes are designed to encourage compliance by permitting organizations to cure an alleged violation of the statute prior to a regulatory enforcement action. The ability to cure may have been included in recognition of the fact that modern data privacy statutes impose obligations that may be foreign to many organizations (i.e.,
The term “targeted advertising” is defined relatively consistently between and among modern U.S. data privacy statutes with the noticeable exception of California which deviates somewhat in the California Privacy Rights Act’s (CPRA) definition of the similar term “cross-context behavioral advertising” by omitting any reference to tracking a person over time, or making predictions about a