In a potentially significant development for companies subject to the California Consumer Privacy Act, as amended (CCPA), on Feb. 9, California’s Third District Court of Appeal overturned a Superior Court decision issued in June 2023 that had stayed the enforcement of new CCPA regulations finalized by the California Privacy Protection Agency (CPPA), first-in-the-nation privacy regulator
Most modern U.S. data privacy statutes require companies to allow data subjects to opt out of having their personal information (PI) used for targeted advertising. As the following chart indicates, the term “targeted advertising” is defined consistently between and among most state statutes with the notable exception of the California Consumer Privacy Act (CCPA) and
The term “targeted advertising” is defined relatively consistently between and among modern U.S. data privacy statutes with the notable 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
Probably not.
Under the European GDPR, if the personal information that an organization is going to use as part of training an AI has been collected directly from individuals, then those individuals should be provided with a copy of the organization’s privacy notice “at the time when personal data are obtained.”[1] If the personal
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
Greenberg Traurig is a sponsor of the Privacy + Security Forum 2023 Spring Academy May 10-12 in Washington, DC. The conference will break down the silos of privacy and security and bring together seasoned thought leaders, who will host virtual sessions and workshops designed to deliver practical takeaways for all conference participants.
Wednesday, May 10
Three months prior to the enforcement date of the California Consumer Privacy Act (CCPA), as amended, the California Office of Administrative Law approved the updated CCPA Regulations (final rulemaking documents will be posted here after processing). These updates take into account the CCPA’s expanded scope following its amendment by the California Privacy Rights
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 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.
In order to help businesses understand and benchmark industry practice, Greenberg Traurig attorneys analyzed the publicly available privacy policies of companies within the Fortune 500.[1] As of October 2022 – nearly two years after the CCPA took effect – 71% of companies had updated their privacy policies to account for the CCPA.[2] It