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Last week, Vermont Governor Phil Scott vetoed one of the most-watched pieces of privacy legislation in the United States: the Vermont Data Privacy Act (VDPA). Described in H.121 as “an act relating to enhancing consumer privacy and the age-appropriate design code,” was passed by the Vermont legislature in the early morning hours on May 11, 2024. The act represented a seismic change in domestic consumer privacy rights. However, Governor Scott returned H.121 without signature, effectively vetoing the would-be watershed bill.Continue Reading Not So Fast: Vermont Governor VETOES Private Right of Action for Consumer Privacy Violations

Last year we wrote about the California attorney general’s initial guidance on implementation and enforcement requirements for the California Consumer Privacy Act (“CCPA”). Now, over a month since the CCPA went into effect, California Attorney General Xavier Becerra proposed modifications (the “Modifications”) to the initial proposed regulations (the “Initial Regulations”) that were published in early October 2019. The Modifications are the Attorney General’s response to public comments of the Initial Regulations that were submitted during the written comment period. While these changes are not final, they shed light on how the AG’s office expects businesses to plan, operate, and respond to consumer requests.
Continue Reading How am I supposed to do this? Part Deux: California Attorney General issues CCPA modifications

As the Jan. 1, 2020 operational date for the California Consumer Privacy Act (“CCPA”) approaches, the balance between consumer rights and company responsibility continues to be vigorously debated. As this blog predicted when we discussed the first set of amendments to the CCPA, negotiations and amendments to the CCPA continue. We review the most recent Feb. 22, 2019 consumer friendly amendment now—Senate Bill 561 (“SB 561”).
Continue Reading California: Shore to Please Consumer Privacy Rights Advocates

In a local news interview, I was recently asked to comment on the Facebook-Cambridge Analytica story involving the unauthorized use of Facebook user profile information by Cambridge Analytica for profiling and targeting purposes. The focus of the interview was what consumers can do to better protect themselves. However, there are learning opportunities for businesses too. Here are some quick points to consider for both parties.

Consumers

  1. Your choices matter most. I beat this drum pretty heavily, but it is

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Continue Reading Data Protection: Key Takeaways for Consumers and Businesses After the Facebook and Cambridge Analytica Scandal