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Tag Archives: opt-out

Posted in Employment Privacy

California Consumer Privacy Act: The Challenge Ahead – CCPA and Employee Data

The application of the California Consumer Protection Act of 2018 (“CCPA”) to employee data has been the subject of much debate since the first version of the bill was introduced on June 21, 2018 (just days prior to its enactment on June 28). Under a plain language reading of the CCPA, the law likely applies to employee data. However, it is unclear whether the California legislature intended that result. There is no clarity to be found in the general statutory structure, the legislative history, legislative responses to advocate letters, or the technical amendments signed into law on September 23. As part of our ongoing series on the CCPA, this post lays out why the issue of CCPA applicability to employees is controversial and nevertheless offers potential strategies to address CCPA compliance requirements as they may relate to personnel records.

Posted in Consumer Privacy

FTC: Opt-Out Should Mean Opt-Out

The Federal Trade Commission (FTC) yesterday announced a settlement with Chitika, Inc. over its failure to honor consumers’ choice in contravention of representations made in its online privacy policy. The announcement is notable in that it comes in the wake of the FTC’s December 2010 Preliminary Staff Report and is the FTC’s first consent settlement relating to […]