CCPA Enforcement Begins on July 1, 2020: Is Your Company Ready?

By Krishna A. Jani, Flaster Greenberg   The California Consumer Protection Act (CCPA) is one of the strongest and most comprehensive consumer data privacy laws in the country. It is designed to protect the data privacy rights of citizens living in California, and can thus impact any business that has customers in California. In essence,
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Bipartisan Legislation Proposed to Protect Consumer Privacy During COVID-19

By Krishna A. Jani, Flaster Greenberg   On Monday, June 1, federal lawmakers proposed the Exposure Notification Privacy Act (ENPA), a piece of bipartisan legislation aimed at protecting consumer privacy and promoting public health in the development of exposure notification technologies as a way to combat the spread of COVID-19. The legislation makes participation in
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Emerging COVID-19 Exposure Notification Technology, Data Privacy, and Cybersecurity Issues

By Jennifer K. Wagner, J.D., Ph.D   The ongoing COVID-19 pandemic has raised its own set of data privacy and cybersecurity issues, as people turn to technological solutions to assist with the daunting task of quickly identifying cases of infection (despite persistent problems with availability of diagnostic and serologic testing) and stopping the spread of
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FTC Undertakes 10-Year Review of Health Breach Notification Rule, Seeks Public Comments

By Jennifer K. Wagner, J.D., Ph.D.   On April 15, 2020, the Federal Trade Commission (FTC) published a notice of its intent to conduct a 10-year review of the Health Breach Notification Rule (HBN Rule) (85 FR 20889) and announced on May 8, 2020 that it would be requesting public comment. The comment period will
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5 Concepts to Consider When Drafting a Privacy Policy

By Mark L. Farina, Klineburger & Nussey   Privacy policies, we have all seen them.  Whether large booklets of small type, pop-up messages requiring an affirmative “click,” or long scrolling lists of dense text, their universal intent is to inform users about the collection and interaction of data they provide.  For this article, “users” refers
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