In California Privacy Protection Agency et al. v. The Superior Court of Sacramento County (case number C099130), the Third Appellate District of the California Court of Appeal returned authority to the California Privacy Protection Agency (CPPA) to enforce the regulations promulgated under California’s groundbreaking consumer data privacy law, the California Consumer Privacy Act (CCPA, as amended by
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California Proposes New AI & Automated Decision-Making Technology Regulations
The California Privacy Protection Agency (CPPA) released its draft regulatory framework for automated decision-making technology (ADMT) on November 27. These regulations are a preview of what new requirements may look like for companies currently regulated by the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, the…
Nonprofits’ Use of Artificial Intelligence Systems: Intellectual Property and Data Privacy Concerns
In today’s rapidly changing technological landscape, artificial intelligence (AI) is making headlines and being discussed constantly. To be sure, AI provides a powerful tool to nonprofits in creating content and exploiting it for countless cost-effective purposes. As nonprofit executives, you may wonder how AI intersects with intellectual property and data privacy law and how it…
Enforcement of CPRA Regulations Delayed
Shortly before the California Privacy Right Act (CPRA) modifications to the California Consumer Privacy Act (CCPA) were set to become enforceable on July 1, 2023, a Sacramento Superior Court judge issued a ruling on June 30, 2023 pushing enforcement of CPRA regulations from July 1, 2023 to March 29, 2024.…
I Always Feel Like AI Is Watching Me: Artificial Intelligence and Privacy
ChatGPT got the early press, and every day we learn of new generative artificial intelligence products that can create new and creative visual and text responses to human input. Following on ChatGPT’s fame, Google’s Bard and Microsoft’s Bing are now grabbing some of the spotlight, but these are merely a few of the hundreds if…
Privacy Policy Best Practices for Nonprofits
It was my pleasure to join Farella exempt organizations partner and host of the EO Radio Show podcast, Cynthia Rowland, for a discussion on privacy laws and how they affect information collection and online activities by nonprofits.
We begin our conversation with some basic background on when a nonprofit needs a privacy policy on its website…
California Attorney General Announces Enforcement Sweep of Mobile Applications
Shortly before Privacy Day, California Attorney General (Cal AG) Rob Bonta announced a California Consumer Privacy Act (CCPA) enforcement sweep that targeted mobile applications.
The sweep focused on popular apps in the retail, travel, and food service industries, which allegedly failed to comply with consumer opt-out requests. The sweep also included businesses that failed to…
Cybersecurity Regulation: Key Takeaways From an Unusual FTC Order That Will Follow CEO for a Decade
The FTC recently issued a proposed order that would settle an enforcement action against Drizly, LLC and its co-founder and CEO, James Rellas, arising from data breaches in 2018 and 2020 that affected over 2.5 million customers. The FTC’s proposed order is unusual in that applies to Rellas personally. The order requires Rellas to implement…
California Passes Landmark Privacy Protections for Children With Big Implications for Online Providers
Governor Newsom recently signed into law AB 2273, the California Age-Appropriate Design Code Act (CA AADCA), making California the first state to pass broad privacy protections for children.
The CA AADCA is modeled after the UK’s Age-Appropriate Design Code (UK AADCA) which came into effect last year. While the two acts are not identical,…
Public Ends From Private Means: Privacy Rights and Benevolent Use of Personal Data
With the explosion of COVID-19 cases worldwide, companies and governments have expanded their interest in the use of the vast stores of consumer data. Even where such collection and use of personal data is ostensibly for the public good, the privacy rights and legal requirements applicable to such data must be considered carefully.[i]…