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Tag Archives for " CCPA "

Privacy Debated in Fight Over Google Chrome Browser History Tracking

The plaintiffs in the class action claim they signed up for Chrome because Google explicitly said they would not have their browsing history sent to Google unless they decided to “sync” the browser with their account.

Despite these assurances, Chrome tracked their web browsing and sent it to Google, in violation of federal law and the newly minted California Consumer Privacy Act.

Google attorney Andrew Schapiro said plaintiffs had misconstrued the issue, saying that each of the plaintiffs was notified their web browsing history would be tracked when they agreed to the terms of service.

The attorney for Google also said the plaintiffs misunderstand how the advertising tracking component of the company works, because it tracks web browsing based on the website not on the browser.

Source: Privacy Debated in Fight Over Google Chrome Browser History Tracking – Courthouse News Service

People file lawsuits to test boundaries of California’s privacy law

“It’s kind of like throwing spaghetti at the wall.” That’s how Jessica Lee, partner and co-chair of the privacy, security and data innovation practice group at law firm Loeb and Loeb, described the approach people have taken when filing lawsuits against companies under the California Consumer Privacy Act.

Many of the suits filed since the law went into effect Jan. 1, 2020, allege companies have failed to allow people to opt out from sale of their personal information or failed to disclose that the companies share people’s personal information with third parties, according to lawyers tracking CCPA lawsuits. Meanwhile, a spokesperson for California attorney general Xavier Becerra said the AG’s office has sent dozens of notices to companies demanding that they fix problems leading to noncompliance with the law.

Full article: People file lawsuits to test boundaries of California’s privacy law

California ballot initiative passes, significantly altering the California Consumer Privacy Act

The California Privacy Rights Act (CPRA) makes significant changes to the California Consumer Privacy Act (CCPA), which was originally passed by the California legislature in 2018. However, the CPRA does not take effect until January 1, 2023, giving businesses a bit more than two years to prepare.

The CPRA adds new obligations on both businesses and service providers, adds some important new definitions, and creates new liability risks, while clarifying some operationally difficult aspects of the CCPA. Importantly, it also mandates the creation of a new agency to enforce privacy violations, which should increase enforcement. Finally, the CPRA limits the ability of the legislature to amend the law.

Source: US: As expected, California ballot initiative passes, significantly altering the California Consumer Privacy Act

Marketers Pessimistic About Third-Party Cookie Changes

Seven in 10 believe digital advertising will be adversely affected by these changes and will take a step backwards, according to a new study from Epsilon.

For one, they are not happy about it. Marketers have a more negative perception of Google (38%) and Apple (44%) as a result of the announced changes, with 67% having negative feelings about the pending changes and 44% responding that they are disappointed with the plans. In fact, 69% of respondents say the impact is bigger than prior privacy changes, the GDPR or CCPA.

Source: Report: Marketers Pessimistic About Third-Party Cookie Changes 11/02/2020

California Attorney General Releases New Proposed Modifications to California Consumer Privacy Act Regulations

The California Attorney General proposed a third set of modifications to the recently enacted California Consumer Privacy Act (CCPA) regulations. Interested parties have until October 28 to file comments in response.

These proposed modifications are the latest effort in an extensive rulemaking process that has lasted more than a year. Most recently, on August 14, the California Office of Administrative Law formally approved the AG’s initial set of CCPA regulations, which went into effect immediately.

Source: California Attorney General Releases New Proposed Modifications to California Consumer Privacy Act Regulations

‘Do Not Track’ Is Back, and This Time It Might Work

California’s privacy law says businesses must respect universal opt-outs. Now the technology finally exists to put that to the test.

When the attorney general issued California Consumer Privacy Act, the technology for a global opt-out didn’t exist. As of today, it does. The Electronic Frontier Foundation, and the search engine and browser DuckDuckGo, announced the beta launch of a new global privacy control. The idea is to create a technical specification that qualifies as a universal opt-out under the CCPA, so that exercising rights under the law would flip from being hopelessly complex to extremely easy.

Source: ‘Do Not Track’ Is Back, and This Time It Might Work | WIRED

Revised, Washington State Privacy Legislation Moves Forward

The Washington Privacy Act is back and now includes provisions for handling personal data during a public health emergency such as a pandemic.

Its provisions are closer to the European Union’s General Data Privacy Regulation (GDPR) than the California Consumer Privacy Act (CCPA).

Source: Revised, Washington State Privacy Legislation Moves Forward

Multiple Retailers Sued Under CCPA for Sharing Data Used to Identify Fraudulent Returns

Earlier this year, The Retail Equation, a loss prevention service provider, and Sephora were hit with a class action lawsuit in which the plaintiff claimed Sephora improperly shared consumer data with The Retail Equation without consumers’ knowledge or consent.

The plaintiff claimed The Retail Equation did so to generate risk scores that allegedly were “used as a pretext to advise Sephora that attempted product returns and exchanges are fraudulent and abusive.”

Source: Multiple Retailers Sued Under CCPA for Sharing Data Used to Identify Fraudulent Returns

California begins enforcing broad digital privacy law, despite calls for delay 

The California privacy law took effect in January, but the attorney general had to wait until July to enforce.

California’s privacy law, often called the broadest law for digital privacy in the United States, can finally be enforced starting Wednesday. And despite industry calls for the state to hold off because of the novel coronavirus pandemic, Attorney General Xavier Becerra is forging ahead.

Source: California begins enforcing broad digital privacy law, despite calls for delay – The Washington Post

California AG Won’t Delay CCPA Enforcement, but May Exercise Prosecutorial Discretion

California’s Attorney General won’t delay enforcement of key provisions of the California Consumer Privacy Act, but will use prosecutorial discretion in enforcing them, according to its Final Statement of Reasons for the regulations.

When asked to delay enforcement of the regulations, the AG responded that no delay is required because the proposed rules were released on Oct. 11, 2019, Feb. 10 and March 11 and thus businesses have been aware of the obligations imposed.

Source: California AG Won’t Delay CCPA Enforcement, but May Exercise Prosecutorial Discretion

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