Two recent reports reflect that cyberattacks and resulting data breaches continue to threaten U.S. companies and public entities. The Hiscox Cyber Readiness Report (April 23, 2019), compiled from a survey of more than 1,000 U.S. cybersecurity professionals at private companies and public-sector entities with 50 to 1,000+ employees, found that 53% of firms reported at least one cyberattack – up from 38% in 2018. Interestingly, only 11% of U.S. firms qualified as experts based on their cybersecurity preparedness and responses – down from 26% in last year’s survey; 16% of firms ranked as intermediate, and the remaining 73% ranked as novice. These statistics reflect a continuing need for public- and private-sector emphasis on cybersecurity preparedness and incident response.
The critical role of data mapping in CCPA readiness and compliance
Although the California Consumer Privacy Act (CCPA) does not explicitly require that businesses engage in data mapping or relationship mapping, they probably won’t be able to develop effective CCPA compliance strategies without having both. Businesses that have engaged in data mapping in preparation for GDPR compliance will be able to leverage some of that work.
When people talk about data privacy, or data collection, or tracking technology, or analytics, or click farms, or bots, or data brokers, or geolocation, or mobile apps, or social media, or influencers, in the end what they’re really talking about is digital advertising. Yet while we may feel comfortable using the phrase to broadly describe any online marketing efforts, the purpose of digital advertising is quite different from the goal of a 30 second radio spot, and shares little with its Mad Men-era ancestors beyond the name.
But today, faced with a variety of new laws and regulations designed to protect consumer privacy, lawyers and their clients are obliged to take a much deeper and more nuanced dive into modern methods of digital advertising. And many are surprised at what they find.
DBR Kicks Off Its Year-Long CCPA Webinar Series … While the CA AG Seeks Public Input on the CCPA and Lawmakers Propose Changes to It.
DBR’s CCPA Webinar Series Kicks Off
The end of February marked the beginning of Drinker Biddle’s nine-part webinar series on the new California Consumer Privacy Act of 2018 (CCPA) — one of the most significant data privacy laws in the United States.
Compliance with the new law will require considerable knowledge and effort. Our webinar series delves into the complex details and strategies that companies doing business in the state need to know. The series will feature a panel of CCPA professionals from Drinker Biddle’s Information Privacy, Security and Governance team, including Peter Blenkinsop, Jeremiah Posedel, Reed Abrahamson, and others.
The first webinar held on February 27 provided a comprehensive overview of the CCPA, including the obligations and limitations imposed on businesses that collect and process personal data of California residents, the rights of such residents, and the enforcement mechanisms and potential penalties available under the act. The DBR team also highlighted some key open issues that will hopefully be addressed or clarified by California regulators before the law becomes operative on January 1, 2020. For those who were unable to attend, a recording of the webinar and a copy of the presentation materials are available here.
A new bill, titled the “Washington Privacy Act,” was introduced in the Washington State Senate on January 18, 2019. If enacted, Washington would follow California to become the second state to adopt a comprehensive privacy law.
Similar to the California Consumer Privacy Act (CCPA), the Washington bill applies to entities that conduct business in the state or produce products or services that are intentionally targeted to residents of Washington and includes similar, though not identical size triggers. For example, it would apply to businesses that 1) control or process data of 100,000 or more consumers; or 2) derive 50 percent or more of gross revenue from the sale of personal information, and process or control personal information of 25,000 or more consumers. The bill would not apply to certain data sets regulated by some federal laws, or employment records and would not apply to state or local governments.
The California Department of Justice has opened up public forums this month as part of the Attorney General’s rulemaking process to promulgate regulations under the California Consumer Privacy Act of 2018 (CCPA). We previously discussed the Attorney General’s Office’s public statement regarding the CCPA here.
As required by the CCPA, the Attorney General must adopt certain regulations on or before July 1, 2020. In holding these public forums, the Attorney General’s Office hopes to provide an initial opportunity for the public to participate in establishing procedures to facilitate consumers’ rights under the CCPA and to provide guidance for business compliance. Specifically, the following aspects are of high priority: businesses’ obligation to disclose data collection and sharing practices to consumers; consumer rights to request deletion of data; consumer rights to opt out of having their personal information sold to third parties; and restrictions on the sale of personal information of consumers under the age of 16 without explicit consent. The Attorney General’s Office scheduled six public forums across different counties in California and invites in-person attendance or written submissions of public comments through February 2019.