The California Attorney General and Los Angeles City Attorney last week jointly settled an enforcement action against a mobile gaming company (“the Company”) for alleged violations of the Children’s Online Privacy Protection Act (COPPA), the California Consumer Privacy Act (CCPA), and the state’s Unfair Competition Law. The city and
Under modern US privacy laws, are companies that utilize personal information to train artificial intelligence (AI) controllers or processors?
Attorneys familiar with the European GDPR are acquainted with the bifurcation of the world into controllers and processors. For purposes of European data privacy, a “controller” refers to a company that either jointly or alone “determines the purposes and means” of how personal data will be processed.[1] A “processor” refers to a company (or…
California Privacy Regulators Move Forward with Enforcement of the CCPA
Following on the heels of a California Superior Court’s last minute ruling that stayed enforcement of the revised California Consumer Privacy Act (CCPA) regulations, as previously discussed on this blog, California’s data privacy regulators have responded in ways that confirm they are more committed than ever to holding businesses accountable for alleged violations…
Enforcement of CCPA, As Amended, Now Begins; Revised Regulations To Be Enforced March 29, 2024
On June 30, 2023, the Superior Court for the County of Sacramento issued a minute order enjoining the California Privacy Protection Agency (CPPA or Agency) from enforcing updates to the existing CCPA regulations until March 29, 2024, twelve months after they were finalized. However, the Agency’s enforcement of the CCPA, as now amended by the California…
Updated CCPA Regulations Approved
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…
Under the CCPA, can a service provider use personal information for its own purposes if it deidentifies or aggregates it?
The CCPA states that a service provider must be contractually prohibited from “retaining, using, or disclosing the personal information [provided to it by a business] for any purpose other than for the business purposes specified in the contract for the business . . . .”[1] That prohibition, however, may not apply to information once…
March 2 Webinar | The Final CCPA Regulations: What You Need To Know
GT Shareholders Gretchen A. Ramos, Co-Chair of the Global Data Privacy & Cybersecurity Practice, and Darren Abernethy will present the CLE webinar, “The Final CCPA Regulations: What You Need To Know,” March 2 at 12:00 p.m. PT. The webinar will provide an overview of key takeaways from the finalized proposed…
California AG Announces Investigation of Mobile Apps’ CCPA Compliance
On Jan. 27, 2023, the California Attorney General announced his office is investigating and sending letters to businesses in the retail, travel, and food industries with popular mobile apps that allegedly are not in compliance with the California Consumer Privacy Act (CCPA) by failing to offer a consumer opt-out mechanism for sales, or honor rights…
‘Do Not Sell’ Links – How common are they really?
A review of the Fortune 500 conducted approximately one year after the CCPA went into effect showed that 21 percent of websites included a “Do Not Sell My Personal Information” link; 78.6 percent of websites did not include a link to opt out of the sale of personal information.[1] Over the past year, that…
How many businesses put up a “Do Not Sell My Personal Information” link even when they don’t have to?
The CCPA requires businesses that sell personal information to explain that consumers have a right to opt-out of the sale[1] and provide a clear and conspicuous link on their homepage titled “Do Not Sell My Personal Information” that takes the consumer to a mechanism that permits them to exercise their opt-out right.[2] If…