Possibly.

While modern privacy statutes in the United States and Europe adopt a similar definition of “profiling,” the term has yet to be judicially interpreted or applied in the United States. Within Europe, the Article 29 Working Party took the position that for an action to constitute profiling three elements must be met:

  1. An activity

Modern privacy statutes create special rules for activities that involve “profiling.” As the following chart indicates, the term is defined in a similar way between modern United States and European privacy statutes:

Source GDPR CCPA CPRA (effective 2023) VCDPA (effective 2023) CPA (effective 2023)
Term Profiling Profiling Profiling Profiling Profiling
Definition “Profiling” means any form

The CCPA Regulations require that businesses that buy, receive, sell, or share personal information about more than 10 million Californians disclose metrics within their privacy notices regarding the speed with which they respond to the data subject requests that they received in the previous calendar year. Among other things, businesses must report on the average

The CCPA Regulations require that businesses that buy, receive, sell, or share personal information about more than 10 million Californians disclose metrics within their privacy notices regarding the quantity of data subject requests that they received in the previous calendar year. Among other things, businesses that sell personal information must report on the percentage of

On Aug. 20, 2021, after two rounds of public comments on China’s draft Personal Information Protection Law (PIPL), China promulgated the final version of the PIPL, which takes effect Nov. 1, 2021. Together, the PIPL, Cybersecurity Law (which came into force June 1, 2017) and Data Security Law (which came into

The CCPA Regulations require that businesses that buy, receive, sell, or share personal information about more than 10 million Californians disclose metrics within their privacy notices regarding the quantity of data subject requests that they received in the previous calendar year. Among other things, if a business offers a do not sell my personal information

The CCPA Regulations require that businesses that buy, receive, sell, or share personal information about more than 10 million Californians disclose metrics within their privacy notices regarding the speed with which they respond to the data subject requests that they received in the previous calendar year. Among other things, businesses must report the average or

This article was originally posted by IAPP here. Reprinted with permission.

In July, the office of the attorney general of California marked the one-year anniversary of its enforcement of the California Consumer Privacy Act by issuing a press release to tout its “successful enforcement efforts.” Also well-publicized, in the same announcement, the office unveiled

The CCPA Regulations require that businesses that buy, receive, sell, or share personal information about more than 10 million Californians disclose metrics within their privacy notices regarding the speed with which they respond to the data subject requests that they received in the previous calendar year. Among other things, businesses must report the average or

The CCPA Regulations require that businesses that buy, receive, sell, or share personal information about more than 10 million Californians disclose metrics within their privacy notices regarding the quantity of data subject requests that they received in the previous calendar year. Among other things, businesses must publicly report the number of access requests that the