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What We’re Reading - July 23, 2021

July 23, 2021 | Blog | By Cynthia Larose

There is a glut of information out there regarding privacy and cybersecurity these days.  Our new feature “What We’re Reading” provides a curated list of articles, blogs, newsletters, and books that you may find interesting and helpful.
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To note the one year anniversary of the California Consumer Privacy Act (CCPA) enforcement date, California Attorney General Rob Banta held a press conference on July 19, 2021 to share key information about enforcement efforts and announce a new consumer privacy tool. He also praised businesses for their prompt compliance efforts and urged consumers to be proactive about their privacy rights.
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And Now There are Three …. The Colorado Privacy Act

July 16, 2021 | Blog | By Cynthia Larose, Christopher Buontempo

Colorado has now joined California and Virginia to become the third US state to pass a comprehensive data privacy legislation when Governor Jared Polis signed the Colorado Privacy Act (the “CPA”) into law on July 8, 2021. The new law is set to take effect on July 1, 2023. The CPA borrows in part from the European Union’s General Data Protection Regulation (“GDPR”), but more significantly from both the California Consumer Privacy Act (“CCPA”, including as amended by the California Privacy Rights Act (“CPRA”)), and the Virginia Consumer Data Protection Act (“VCDPA”). Below, we highlight some of the CPA’s key elements and explore how the law compares to the CCPA and VCDPA.
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As we’ve written, New York City’s Biometric Identifier Information Law (the “NYC Law”) is now in force, effective Friday, July 9th.  The NYC Law requires that places of entertainment, retail stores and food and drink establishments that collect biometric identifying information, including from customers and employees, post a “clear and conspicuous” notice to that effect near customer entrances.
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NYC Businesses: Do you have your “biometric identifier collection” notice up?

July 12, 2021 | Blog | By Cynthia Larose, Michael Graif

As previewed in Mintz’s earlier post, New York City’s Biometric Identifier Information Law the “NYC Law”) is now in force, effective Friday, July 9th.  The NYC Law requires that places of entertainment, retail stores and food and drink establishments that collect biometric identifying information, including from customers and employees, post a “clear and conspicuous” notice to that effect near customer entrances. 
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What We’re Reading - July 2, 2021

July 2, 2021 | Blog | By Cynthia Larose

There is a glut of information out there regarding privacy and cybersecurity these days.  Our new feature “What We’re Reading” provides a curated list of articles, blogs, newsletters, and books that you may find interesting and helpful.
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CCPA Reporting Deadline Reminder

June 30, 2021 | Blog | By Cynthia Larose

If your business is subject to the California Consumer Privacy Act (CCPA), and your business handles (in any manner set forth in the CCPA) the personal information of 10,000,000 or more California residents in a calendar year, you are required to report on consumer request metrics annually.  The first reporting period under the CCPA begins on Thursday, July 1, 2021.
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On Friday, a sharply divided U.S. Supreme Court issued a ruling, which significantly impacts the plaintiffs’ ability to pursue privacy and data breach class actions in federal courts. In TransUnion LLC v. Ramirez, Case No. 20-297, the Court opined that most of the plaintiffs failed to show a “concrete” injury and thus had no standing to pursue their claims because they did not suffer real, personal harm.
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At the close of Connecticut’s 2021 legislative session, a pair of data protection/cybersecurity related bills made their way to Governor Ned Lamont’s desk, while a CCPA-like omnibus privacy law falling one floor vote short. Oddly, the last-minute proposal (after other proposals in the House and Senate) were found in a 122-page budget bill and ended up being stripped away.
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Many organizations around the world – and particularly companies in the United States – are directly affected by the EU Court of Justice’s July 2020 Schrems II decision casting doubt on the lawfulness of transferring personal data from the EU to countries where national security laws might permit authorities to gain access to the personal data.  (The Schrems II decision is discussed below; click here for a longer discussion of the case.)  The European Data Protection Board (EDPB) has just published the final form of its guidance as to what it expects organizations to do to assess risks and bolster protections for transfers of personal data.
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Get Ready for New York City’s New Biometric Identifier Information Law

June 22, 2021 | Blog | By Cynthia Larose, Michael Graif, Allen Loayza

2021 could be another record year for new and pending privacy legislation, including laws either banning outright or placing limits on the use of technology involving biometric information.  Just this year, Portland, Oregon implemented a ban on facial recognition technology beginning January 1.  Although the New York State Legislature failed to pass a broad biometric privacy law for the third session in a row, New York City recently adopted its own biometrics privacy legislation that is set to take effect on July 9, 2021.
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US State Privacy Law Update – June 11, 2021

June 11, 2021 | Blog | By Cynthia Larose, Christopher Buontempo, Sanjana Ramkumar

The Mintz Privacy & Cybersecurity Blog will be providing regular updates of notable pending US state privacy laws.  Following our similar previous updates, this update checks in on the progression of those laws.   The most notable update is that Colorado is set to become the third US state to pass a comprehensive privacy law as the Colorado Privacy Act is on the governor’s desk and is expected to be signed. 
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The new standard agreement for service providers (which we’ll refer to as the Controller-Processor SCCs) adopted by the European Commission on June 4th was understandably a bit overshadowed by the release on the same date of the Standard Contractual Clauses for data transfers.  But the new Controller-Processor SCCs, which organizations can use with their service providers to meet their GDPR Article 28 obligations, is another welcome addition to the EU’s small but growing library of standard documents. 
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The European Commission has adopted (at long last) an updated version of the Standard Contractual Clauses (SCCs), bringing this popular data transfer mechanism in line with the GDPR – and, we hope, the Schrems II decision.  The SCCs are the most commonly used legal mechanism for transferring personal data from the EEA to non-EEA countries (known as “third countries”), so the new SCCs are very big news for organizations that transfer or receive personal data from the EEA (that is, the European Union plus Norway, Iceland and Liechtenstein).
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As we come out of the COVID-19 pandemic, it appears that another type of infection is threatening business and ransomware continues to spread. 
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CCPA Breach Class Action Settlement About to Get “Minted”

May 20, 2021 | Blog | By Cynthia Larose, Matthew Novian, Natalie Prescott

Although the California Consumer Privacy Act (“CCPA”) went into effect on January 1, 2020 and over 100 class actions referencing the CCPA have been filed to date, very few class actions have actually made their way to court approval.  That is about to change.
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US State Privacy Law Check-In - UPDATE

May 4, 2021 | Blog | By Christopher Buontempo, Cynthia Larose

In a previous update, we provided a comprehensive round-up of several notable pending US state privacy laws. We are checking-in on the progression of some of those laws in this further update. The next installment will update the remaining state laws in progress.
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While the term “dark patterns” is not new, it has recently been getting a more attention, not least because the newly passed California Privacy Rights Act (“CPRA”) will regulate dark patterns. In this article, we will focus on what dark patterns are, how your business should be thinking about them, and how CPRA is approaching this issue.
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Hearings on the SolarWinds Hack and Possible Policy Responses

March 4, 2021 | Blog | By Christian Tamotsu Fjeld

The 117th Congress kicked off its First Session with, among other initiatives, oversight hearings on the SolarWinds cyber hack.  On February 23, the Senate Intelligence Committee held a hearing on the high profile, far-reaching breach; followed by a joint hearing on February 26 in the House of Representatives held by the Oversight and Reform and Homeland Security Committees.  At both hearings, Sudhakar Ramakrishna, President and CEO of SolarWinds, Kevin Mandia, CEO of FireEye, and Brad Smith, President and Chief Legal Officer of Microsoft, testified.  In addition, George Kurtz, the President and CEO of Crowdstrike, testified at the Senate Intelligence hearing, while Kevin Thompson, the former CEO of SolarWinds, testified in front of the joint House hearing.  Together, the hearings represent what will likely be the first of several congressional forays into the SolarWinds hack, including possible legislative initiatives to address future possible incidents and supply chain security.
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Virginia Passes Comprehensive Data Privacy Law – Mintz’s Hot Take

March 3, 2021 | Blog | By Cynthia Larose, Christopher Buontempo

On Tuesday, Virginia Governor Ralph Northam signed the Consumer Data Protection Act (“CDPA”) into law, making Virginia the second U.S. state after California to pass a comprehensive data privacy law. While not quite as expansive as the GDPR in every respect, the CDPA is a very broad-based privacy law that is on par with the California Consumer Privacy Act. Below, we break down some of its key elements.
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