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June 1st, 2022
Calif. Privacy Agency Unveils Long-Awaited Draft Regulations
Privacy & Data Security Group Chair Daniel M. Goldberg and Privacy & Data Security Associate Maria Nava’s recent blog post on the California Privacy Protection Agency’s (CPPA) proposed regulations to the California Consumer Privacy Act is cited in the article, “Calif. Privacy Agency Unveils Long-Awaited Draft Regulations” published by Law360.
"As expected, the Regs clarify that businesses must recognize Do Not Sell or Share (DNS) opt-out preference signals," Daniel and Maria Nava wrote. "While some privacy professionals have argued that businesses have a choice between posting a DNS link or honoring an opt-out preference signal, the Regs expressly state that interpretation is incorrect."
“However, the new proposal fails to clarify what exactly constitutes a valid opt-out signal, declining to recognize the Global Privacy Control or other technical specifications that have been developed to allow consumers to exercise their opt-out rights across the internet” and "As written, businesses arguably must respond to any signal, which will create compliance hurdles," said Daniel and Maria, adding that the regulations also don't prohibit opt-out signals from being set to "on" by default by a browser, like the new consumer privacy law that was recently enacted in Connecticut does.
Daniel and Maria note, “Under the CPRA regulations, companies that receive an opt-out request also need to notify any downstream third parties to stop selling or sharing the information as well” and "This appears to be a higher burden than currently required under CCPA or the CPRA text, and reemphasizes the need for a signal that can be read by downstream parties."
Lastly, Contracts with third parties "must also expressly require the third-party to check for opt-out signals," they added. If implemented, this and other proposed requirements, including that these agreements "expressly identify" the specific service for which the third party is processing information, would result in contracts with third parties needing to be much more robust, Daniel and Maria said.
Read full article here. (Behind paywall)
Other Quoted
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Law360 quotes Kimberly M. Maynard on the recent 'Trump Too Small' apparel trademark that the U.S. Supreme Court unanimously concluded was not a free speech violation. View Article
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Addiction-Treatment Startups Are Raking in VC Money—and Amassing Millions in Fines
Inc. Magazine quotes Daniel M. Goldberg on the recent explosion of venture funding in addiction treatment startups and the various legal and privacy concerns that come with building technology that has outpaced the scope of current regulations. (Behind paywall) View Article
June 11 2024
Rachel Sennott’s HBO comedy pilot welcomes 4 new cast members
Variety mentions Frankfurt Kurnit as counsel to actor, writer, and producer Jordan Firstman, who will join Odessa A'zion, Miles Robbins, and True Whitaker in Rachel Sennott's upcoming HBO comedy pilot. View Article
June 10 2024