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Although Privacy is on a Back Burner, California May Outdo Its Own State Law in November

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Photo of Joan Stewart courtesy Wiley

April 1, 2020 –States have put privacy legislation on a back burner during the coronavirus pandemic. At the same time, even the well-known California Consumer Privacy Act may be superseded by a new referendum, the California Privacy Rights Act, to be placed on the state’s ballot in November.

Passed in 2018 and effective on January 1, 2020, the CCPA is already in force. The state’s attorney general did not respond to requests to suspend implementation in the wake of the coronavirus, said Wiley attorney Joan Stewart, speaking on a Tuesday webinar. Wiley is the new name for the law firm formerly known as Wiley Rein.

The CCPA requires a privacy policy and a notice at collection, and the request to opt-out for consumers was made “easy for consumers to execute” according to the CCPA.

A new clarification of the CCPA states that service providers cannot “sell data on behalf of a business when a consumer has opted-out of the sale of their personal information with the business.”

But verification procedures “continue to be tricky,” added Duane C. Pozza, another Wiley attorney.

As regulations are set in stone, Pozza suggested businesses “look closely at service provider obligations” and stay updated as regulations become finalized.

Boyd Garriott said that the CPRA ballot measure was actually filed by Alastair Mactaggart, the “architect” and advocate of the CCPA.

If the new CPRA was placed on the November 3, 2020, ballot and passes, that would change the CCPA significantly, said Garriott.

The proposed CPRA defines “sensitive personal information” as data that reveals ethnic information, religious belief, biometric information, social security number, etc., explained Garriott. It could also impose “new limits on targeted advertising” and “steeper penalties for violations regarding individuals who are under 16 years of age,” added Garriott.

But we will not know if these changes will happen until November, said Garriott.

Other states like Washington, New York, and Illinois are following California’s lead in privacy laws, but this is on hold due to coronavirus, said Pozza.

This is the second year that Washington state has failed to pass the Washington Privacy Act, said Pozza. But Washington will probably work on it again next year, admitted Pozza.

Adrienne Patton was a Reporter for Broadband Breakfast. She studied English rhetoric and writing at Brigham Young University in Provo, Utah. She grew up in a household of journalists in South Florida. Her father, the late Robes Patton, was a sports writer for the Sun-Sentinel who covered the Miami Heat, and is for whom the press lounge in the American Airlines Arena is named.

Cybersecurity

DOJ Official Supports Mandatory Breach Reporting

Proposed legislation would make it mandatory for companies to report cyberattacks.

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Richard Downing from the Senate judiciary committee last week

April 1, 2020 –States have put privacy legislation on a back burner during the coronavirus pandemic. At the same time, even the well-known California Consumer Privacy Act may be superseded by a new referendum, the California Privacy Rights Act, to be placed on the state’s ballot in November.

Passed in 2018 and effective on January 1, 2020, the CCPA is already in force. The state’s attorney general did not respond to requests to suspend implementation in the wake of the coronavirus, said Wiley attorney Joan Stewart, speaking on a Tuesday webinar. Wiley is the new name for the law firm formerly known as Wiley Rein.

The CCPA requires a privacy policy and a notice at collection, and the request to opt-out for consumers was made “easy for consumers to execute” according to the CCPA.

A new clarification of the CCPA states that service providers cannot “sell data on behalf of a business when a consumer has opted-out of the sale of their personal information with the business.”

But verification procedures “continue to be tricky,” added Duane C. Pozza, another Wiley attorney.

As regulations are set in stone, Pozza suggested businesses “look closely at service provider obligations” and stay updated as regulations become finalized.

Boyd Garriott said that the CPRA ballot measure was actually filed by Alastair Mactaggart, the “architect” and advocate of the CCPA.

If the new CPRA was placed on the November 3, 2020, ballot and passes, that would change the CCPA significantly, said Garriott.

The proposed CPRA defines “sensitive personal information” as data that reveals ethnic information, religious belief, biometric information, social security number, etc., explained Garriott. It could also impose “new limits on targeted advertising” and “steeper penalties for violations regarding individuals who are under 16 years of age,” added Garriott.

But we will not know if these changes will happen until November, said Garriott.

Other states like Washington, New York, and Illinois are following California’s lead in privacy laws, but this is on hold due to coronavirus, said Pozza.

This is the second year that Washington state has failed to pass the Washington Privacy Act, said Pozza. But Washington will probably work on it again next year, admitted Pozza.

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Cybersecurity

House Energy Committee Approves Series of Cyber Bills to Improve Telecom Security

The committee approved five bills dealing with protecting networks and educating the public on cyberattacks.

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Frank Pallone Jr., D-New Jersey

April 1, 2020 –States have put privacy legislation on a back burner during the coronavirus pandemic. At the same time, even the well-known California Consumer Privacy Act may be superseded by a new referendum, the California Privacy Rights Act, to be placed on the state’s ballot in November.

Passed in 2018 and effective on January 1, 2020, the CCPA is already in force. The state’s attorney general did not respond to requests to suspend implementation in the wake of the coronavirus, said Wiley attorney Joan Stewart, speaking on a Tuesday webinar. Wiley is the new name for the law firm formerly known as Wiley Rein.

The CCPA requires a privacy policy and a notice at collection, and the request to opt-out for consumers was made “easy for consumers to execute” according to the CCPA.

A new clarification of the CCPA states that service providers cannot “sell data on behalf of a business when a consumer has opted-out of the sale of their personal information with the business.”

But verification procedures “continue to be tricky,” added Duane C. Pozza, another Wiley attorney.

As regulations are set in stone, Pozza suggested businesses “look closely at service provider obligations” and stay updated as regulations become finalized.

Boyd Garriott said that the CPRA ballot measure was actually filed by Alastair Mactaggart, the “architect” and advocate of the CCPA.

If the new CPRA was placed on the November 3, 2020, ballot and passes, that would change the CCPA significantly, said Garriott.

The proposed CPRA defines “sensitive personal information” as data that reveals ethnic information, religious belief, biometric information, social security number, etc., explained Garriott. It could also impose “new limits on targeted advertising” and “steeper penalties for violations regarding individuals who are under 16 years of age,” added Garriott.

But we will not know if these changes will happen until November, said Garriott.

Other states like Washington, New York, and Illinois are following California’s lead in privacy laws, but this is on hold due to coronavirus, said Pozza.

This is the second year that Washington state has failed to pass the Washington Privacy Act, said Pozza. But Washington will probably work on it again next year, admitted Pozza.

Continue Reading

International

International Data Localization Laws Harm Emerging Tech Businesses

Experts advocate a new framework that better accommodates the global tech economy by removing data localization barriers.

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Jason Oxman, CEO of the Information Technology Industry Council

April 1, 2020 –States have put privacy legislation on a back burner during the coronavirus pandemic. At the same time, even the well-known California Consumer Privacy Act may be superseded by a new referendum, the California Privacy Rights Act, to be placed on the state’s ballot in November.

Passed in 2018 and effective on January 1, 2020, the CCPA is already in force. The state’s attorney general did not respond to requests to suspend implementation in the wake of the coronavirus, said Wiley attorney Joan Stewart, speaking on a Tuesday webinar. Wiley is the new name for the law firm formerly known as Wiley Rein.

The CCPA requires a privacy policy and a notice at collection, and the request to opt-out for consumers was made “easy for consumers to execute” according to the CCPA.

A new clarification of the CCPA states that service providers cannot “sell data on behalf of a business when a consumer has opted-out of the sale of their personal information with the business.”

But verification procedures “continue to be tricky,” added Duane C. Pozza, another Wiley attorney.

As regulations are set in stone, Pozza suggested businesses “look closely at service provider obligations” and stay updated as regulations become finalized.

Boyd Garriott said that the CPRA ballot measure was actually filed by Alastair Mactaggart, the “architect” and advocate of the CCPA.

If the new CPRA was placed on the November 3, 2020, ballot and passes, that would change the CCPA significantly, said Garriott.

The proposed CPRA defines “sensitive personal information” as data that reveals ethnic information, religious belief, biometric information, social security number, etc., explained Garriott. It could also impose “new limits on targeted advertising” and “steeper penalties for violations regarding individuals who are under 16 years of age,” added Garriott.

But we will not know if these changes will happen until November, said Garriott.

Other states like Washington, New York, and Illinois are following California’s lead in privacy laws, but this is on hold due to coronavirus, said Pozza.

This is the second year that Washington state has failed to pass the Washington Privacy Act, said Pozza. But Washington will probably work on it again next year, admitted Pozza.

Continue Reading

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