This summer, Colorado passed the new data privacy law called the Colorado Privacy Act (“CPA”), granting Colorado residents new rights and creating new obligations for businesses that are located in or conduct business with those in Colorado. CPA regulates the collection of personal data, or information relating or reasonably linkable to an identifiable person, such as a person’s name, social security numbers, email address, transaction data, Internet browsing history, and geolocation.
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The Summer of CCPA Enforcement
In April, Rob Bonta became the new California Attorney General. In swift form, and not taking any summer break, he has made it clear that privacy and CCPA compliance is a priority, and that enforcement won’t be limited to a handful of requirements under the CCPA, as many previously believed.
First, the Attorney General posted several examples of enforcement actions, including those addressing the following issues:
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Voters Approve the California Privacy Rights Act: What Businesses Need to Know
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.
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