Mr Timothy P Tobin

Timothy P Tobin

Updates

Tech, Data, Telecoms & Media

Government issues white paper regarding EU-US personal data transfers
USA | 02 October 2020

The Department of Commerce, the Department of Justice and the Office of the Director of National Intelligence have jointly issued a white paper containing information about privacy protections under the US law for national security access, with a particular focus on the issues raised by the European Court of Justice (ECJ) in its Schrems II decision. The white paper focuses on practical applications of the legal authorities that the ECJ examined and discounts mere 'theoretical possibilities' that are unlikely to occur.

Final CCPA regulations approved, including additional changes
USA | 04 September 2020

The California attorney general recently issued the final implementing regulations for the California Consumer Privacy Act. The final regulations – which had been under review by the California Office of Administrative Law since 1 June 2020 – include several changes to the previous draft regulations and take effect immediately. Most of the changes relate to grammar, formatting and drafting consistency, but several substantive provisions have been withdrawn entirely for additional consideration.

California Privacy Rights Act to appear on November 2020 ballot
USA | 03 July 2020

The California Privacy Rights Act (CPRA) has received enough valid signatures to appear on the November 2020 ballot. If voters approve the initiative, the CPRA would significantly expand the California Consumer Privacy Act (CCPA), establish the California Privacy Protection Agency, remove the CCPA's cure period and impose a number of General Data Protection Regulation-style obligations on businesses, among other requirements.

California attorney general submits CCPA regulations for approval
USA | 05 June 2020

The California attorney general recently submitted the final text of the California Consumer Privacy Act regulations to the California Office of Administrative Law for approval. Although regulations submitted to the Office of Administrative Law in June 2020 ordinarily would not become effective – if approved – until 1 October 2020, the attorney general has requested an expedited review.

Washington State to try again for comprehensive privacy law
USA | 24 January 2020

The Washington Privacy Act (WPA) gained significant traction in the legislature in 2019, passing the state Senate almost unanimously, but ultimately failing in the state House of Representatives due to discussions around facial recognition and compliance challenges. State Senator Reuven Carlyle has now released a revised draft of the WPA for 2020. If enacted as drafted, this new version of the WPA would come into effect on 31 July 2021.

California attorney general releases proposed CCPA regulations
USA | 08 November 2019

The California attorney general recently released proposed regulations to implement certain provisions of the California Consumer Privacy Act (CCPA). The attorney general also released a notice of proposed rulemaking and an initial statement of reasons that provide drafting insights and outline considerations that will likely continue to guide the rulemaking process. The proposed regulations provide clarifications for businesses and consumers in five key CCPA areas, including privacy notice requirements.

Results are in: modest changes to CCPA await governor's signature
USA | 11 October 2019

The California legislature recently debated several amendments to the California Consumer Privacy Act, eventually passing five bills which now await the governor's signature. Collectively, these bills do not provide the sweeping changes sought by businesses. Instead, the amendments make minor tweaks and postpone for one year some of the more challenging requirements. The passed bills address a range of topics, including providing for a partial, temporary one-year exception for applicant and employee data.

Nevada's new privacy law with data sale opt-out right will take effect before CCPA
USA | 21 June 2019

Senate Bill 220 was recently signed into law, making Nevada the first state to join California in granting consumers the right to opt out of the sale of their personal information. However, the new privacy law is significantly narrower than the California Consumer Privacy Act (CCPA). For example, it applies only to online activities, defines 'consumer' and 'sale' more narrowly and includes broad exceptions for financial institutions subject to the Gramm-Leach-Bliley Act.

FTC seeks comment on proposed changes to GLBA implementing rules
USA | 10 May 2019

The Federal Trade Commission recently issued notices seeking public comment on proposed amendments to the regulations implementing the Gramm-Leach-Bliley Act, commonly known as the Safeguards Rule and the Privacy Rule. The proposed changes to the Safeguards Rule add a number of more detailed security requirements, whereas the proposed changes to the Privacy Rule focus on technical changes to align the rule with changes in law over the past decade.

FTC obtains civil penalty under Children's Online Privacy Protection Act
USA | 03 May 2019

The Federal Trade Commission (FTC) recently announced that it had settled with the operators of a video social networking app for a record civil penalty of $5.7 million under the Children's Online Privacy Protection Act. This action was notable not just for the penalty's size, but also because of the joint statement by two democratic commissioners that future FTC enforcement should seek to hold corporate officers and directors accountable for violations of consumer protection law.