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Prop 24 (California Privacy Rights Act) Extends CCPA’s Anti-Discrimination/Retaliation Provision to Employees, Applicants, and Independent Contractors.

During the California Consumer Privacy Act’s (“CCPA”) amendment process prior to enactment, personal information in the employment context was highly contested and has continued to be a point of deliberation even after the CCPA’s effective date last January 1, 2020.  CCPA excludes certain employment-related personal information from most of the act’s requirements until January 1,...… Continue Reading
November 13, 2020

California Passes Prop 24: Here Comes CCPA 2.0

It goes without saying that November 3rd 2020 was an important day for the future of the nation, but it was also a significant day for the future of California privacy law.  On Tuesday, a strong majority of California voters supported Proposition 24, a ballot measure which aims to expand and enhance the California Consumer...… Continue Reading
November 5, 2020

Federal Agencies Issue Joint Alert on Imminent Cybercrime Threat to Healthcare Providers

The Cybersecurity and Infrastructure Security Agency (CISA), the Federal Bureau of Investigation (FBI), and the U.S. Department of Health and Human Services (HHS) have issued a joint cybersecurity advisory stating they have credible information of an increased and imminent cybercrime threat to U.S. hospitals and healthcare providers. The advisory describes the tactics, techniques, and procedures...… Continue Reading
October 29, 2020

Hacked Healthcare Provider Refuses to Pay Ransom, Attackers Target Psychotherapy Patients

Earlier this year, we reported on an evolution in the form of cyberattack known as ransomware –attackers transitioning from denying affected users access to critical data by encrypting it to removing data from the compromised systems and threatening public release in exchange for payment. These attacks typically target the companies maintaining the data. However, attackers...… Continue Reading
October 26, 2020

Eleventh Circuit rejects incentive awards for class plaintiffs

Co-Author: Eric R. Magnus The Eleventh Circuit Court of Appeals recently ruled that “incentive” or “service” awards to lead plaintiffs in Rule 23 class actions are unlawful. It is the first circuit court of appeals to expressly invalidate such awards as a matter of law. (Johnson v. NPAS Solutions, LLC, No. 18-12344, September 17, 2020)....… Continue Reading
October 22, 2020

COVID-19 Screening Program Can Lead to Litigation Concerning Biometric Information, BIPA

As organizations aim to return to some type of normalcy, and help ensure a healthy and safe workplace, many have implemented COVID-19 screening programs that check for symptoms, and an employee’s recent travel and potential contact with the virus. Moreover, many states and localities across the nation are mandating or recommending the implementation of COVID-19...… Continue Reading
October 15, 2020

California DOJ Announces a Third Set of Modifications to the CCPA Regulations

Back in August, after much anticipation and several rounds of review and modification, the California Consumer Privacy Act (CCPA) regulations finally became effective. This was long awaited by businesses and their service providers looking for compliance guidance and clarity on key issues related to facilitation of consumer rights.  This week, the California Department of Justice...… Continue Reading
October 13, 2020

New York and New Jersey Release COVID-19 Exposure Apps

New York and New Jersey release “COVID Alert NY” and “COVID Alert NJ,” apps designed to alert their users when they have been exposed to someone who tested positive for COVID-19. These apps follow those released in Pennsylvania and Delaware and are soon to be joined by Connecticut. The states hope to enhance their contact...… Continue Reading
October 11, 2020

The CCPA’s “B2B” Exemption Is Also Extended by Governor Newsom

By signing AB 1281 into law on September 29th, 2020, California Governor Gavin Newsom amended the California Consumer Privacy Act (“CCPA”) to extend until January 1, 2022, not only the current exemption on employee personal information from most of the CCPA’s protections, but also the so-called “B2B” exemption. Welcomed by many “B2B” (business to business)...… Continue Reading
October 5, 2020

California Governor Newsom Signs into Law Extension to CCPA Employee Personal Information Exemption, Vetoes Another Privacy Bill

On September 29th, California Governor Gavin Newsom signed into law AB 1281, an amendment to the California Consumer Privacy Act (“CCPA”) that would extend the current exemption on employee personal information from most of the CCPA’s protections, until January 1 2022. The exemption on employee personal information was slated to sunset on December 31, 2020. ...… Continue Reading
October 2, 2020

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