Consistent with California’s history of prioritizing consumer privacy protections, Proposition 24 (full text here), a.k.a the California Privacy Rights Act (“CPRA”), was placed on the November ballot and handily approved by voters last week. The measure’s background itself indicates that the CPRA was being put forward to make privacy more transparent to users, similar to “ingredient labels on foods.” Background information also indicates a willingness to strengthen privacy rights over time rather than diluting them (particularly as regards to children), and in fact this push for increased transparency and protection is consistent with how certain platforms are requiring clearer policies (we discuss Apple’s new requirements here). While the CPRA will be fully effective and enforceable January 1, 2023, certain provisions take effect earlier and have a look-back provision. Businesses should start to familiarize themselves with the new or updated definitions and additional requirements contained in the CPRA.
Continue Reading Voters Approve the California Privacy Rights Act: What Businesses Need to Know
Consumer protection
Apple’s Privacy ‘Nutrition Labels’ Will Be Required Starting on December 8
By Céline Guillou on
Posted in Consumer protection, data privacy
This past summer, Apple introduced significant changes for iOS 14 in the data privacy realm (we discussed these here). Among those changes are Apple’s so-called privacy “nutrition labels” intended to better inform consumers of the data collection and privacy practices of individual applications. Apple announced a few days ago that developers will be required to provide these new privacy details to app users starting December 8. This applies to both new apps and any apps already in the App Store that are updated, and developers may already submit details through the through App Store Connect. Apple has provided more information here.
Continue Reading Apple’s Privacy ‘Nutrition Labels’ Will Be Required Starting on December 8
How the FTC’s Enforcement of Data Privacy and Security May be Impacted by the U.S. Supreme Court’s Upcoming Review of the FTC’s Use of Section 13(b)
By Céline Guillou on
Posted in Consumer protection, privacy & security
The Federal Trade Commission has broadly relied on Section 5 of the Federal Trade Commission Act (FTC Act) to investigate and enforce against consumer protection violations, including in the context of data privacy and security. Specifically, Section 5 of the FTC Act prohibits unfair or deceptive acts or practices in or affecting commerce. With respect to data privacy and security, the FTC has repeatedly taken the position that under Section 5 of the FTC Act, a company’s failure to implement and maintain appropriate measures to protect consumers’ information may constitute an unfair practice. Likewise, making false or misleading representations (including omissions) about a company’s data privacy and security practices – notably in consumer-facing privacy notices – has been deemed by the FTC to constitute a deceptive trade practice. In its enforcement actions for data privacy and security violations, the FTC has sought – and obtained – both injunctive and equitable monetary relief (e.g., restitution or disgorgement) against companies whose practices violated Section 5 of the FTC Act. But how the FTC obtains equitable monetary relief – and whether it may even continue to do so under Section 13(b) of the FTC Act – is now before the Supreme Court.
Continue Reading How the FTC’s Enforcement of Data Privacy and Security May be Impacted by the U.S. Supreme Court’s Upcoming Review of the FTC’s Use of Section 13(b)