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HL Chronicle of Data Protection Privacy & Information Security News & Trends

Tag Archives: California

Posted in Cybersecurity & Data Breaches

California Expands Breach Notification Law to Cover Online Accounts

California recently passed a law updating its breach notification requirements and making it the first state to expand the definition of personal information to expressly include login credentials for online accounts. Under the new law, companies would be required to notify individuals if and when their passwords, usernames, or security question and answers are compromised or stolen. The latest amendments become effective as of January 1, 2014.

Posted in Consumer Privacy

New California Law to Require Additional Web Privacy Policy Disclosures

On August 26, the California legislature passed AB 370, which would require commercial websites and other online services such as mobile apps to include language in their privacy policies disclosing whether the service uses third-party vendors to track users across a network of other websites or online services, and how the users can opt out of such tracking using a centralized “do not track” signal or other mechanism. If signed by the governor, as expected, this bill would apply de facto to most websites and mobile apps by virtue of their accessibility in California, and would require revision of many privacy policies as a result.

Posted in Consumer Privacy

Online Retailers Can Collect Personal Data Under Song-Beverly Where Products Downloaded, Says California Supreme Court

On February 4, 2013 a sharply divided California Supreme Court held in Apple, Inc. v. Superior Court (Case No. S199384) (“Apple”) that the Song-Beverly Credit Card Act (the “Act”) does not apply to online purchases in which products are downloaded.  The Act prohibits retailers from requesting or requiring consumers to provide personal identification information (“PII”) [...]

Posted in Consumer Privacy

Lawmakers Develop Mobile Privacy Legislation While California AG Files Privacy Suit Against Mobile App Developer

James Denvil, an associate in our Washington office, contributed to this entry.  This week, Washington lawmakers and California’s Attorney General focused their attention on mobile privacy.  The Senate Judiciary Committee is considering a measure that would establish legal requirements for apps that collect or share location information from mobile devices.  A Democratic congressman released for [...]

Posted in Consumer Privacy

California AG Sends Enforcement Letter to Developers of Popular Mobile Apps

On Tuesday, October 30, the California Attorney General Kamala Harris announced that her office has begun “formally notifying” mobile device application (“app”) operators that they are out of compliance with the notice provisions of the California Online Privacy Protection Act of 2003 (“CalOPPA”). The letters are a reminder that app developers and their partners should review their app data privacy and security practices and ensure that any apps collecting PII comply with the CalOPPA requirements, as well as other applicable Federal and state laws.

Posted in Health Privacy/HIPAA

California Adds Affirmative Defense to Medical Privacy Law

A new law that amends the California Confidentiality of Medical Information Act (CMIA) may provide some relief to HIPAA covered entities and business associates, some of whom have faced class action lawsuits seeking millions in statutory damages under the CMIA for large-scale data breaches. The changes to the CMIA are summarized in this entry.

Posted in Consumer Privacy

Ninth Circuit Rules on CAN-SPAM Standing Requirements

The U.S. Court of Appeals for the Ninth Circuit held on August 6, 2009 that standing for private plaintiffs under the CAN-SPAM Act is limited.  Judge Richard Tallman, who authored the court’s opinion in Gordon v. Virtumundo, Inc., No. 07-35487 (Aug. 6, 2009, 9th Cir.), noted that this was the first case in which the [...]