Privacy Law Preview for 2019: The CCPA and Key Privacy Interests for Emerging Technologies
Data tracking and analysis are playing a vital role in the success of businesses nowadays. Data gathered through cookies and website tracking, in general, not only helps companies optimize their clients’ website experience but it also provides them vast marketing opportunities. However, the many benefits of this business trend do not come without a wide of array of legal risks, particularly with the surge of new privacy laws.
On June 28, 2018, the California Consumer Privacy Act (CCPA) was signed into law to protect user data privacy by regulating collection, management, and usage of the users’ personal information. With the recent updates on the CCPA and the continuous emergence of data privacy initiatives in several U.S. states, it is being predicted that the federal government will follow suit. Thus, organizations must keep themselves abreast of the recent updates and trends in this rapidly evolving legislative climate, to ensure compliance and avoid potential penalties.
In this LIVE Webcast, a panel of distinguished professionals and thought leaders will help businesses, organizations and their counsel understand the important aspects of this significant topic. They will provide an in-depth discussion of privacy laws in the U.S., specifically the CCPA. Speakers will also offer best practices in developing and implementing an effective data privacy protection policy and in ensuring compliance with applicable privacy laws.
Key topics include:
- The California Consumer Privacy Act of 2018: What It Is and Why You Need To Know
- The CCPA’s Implications for Emerging Technologies
- Uses of Biometric Data
- Autonomous Vehicles and New Transportation
Paul J. Feldman, Member
Fletcher, Heald & Hildreth, PLC
- The California Consumer Protection Act of 2018 (“CCPA”) is a comprehensive data privacy statute that imposes substantial new privacy requirements on businesses that collect/sell/transfer broadly defined personal information on California residents, when the business 1) has gross annual revenues exceeding $25 million; 2) annually buys, receives for the business’ commercial purposes, sells, or shares for commercial purposes, alone or in combination, the personal information of 50,000 or more consumers, households, or devices; or 3) derives 50 percent or more of its annual revenue from selling personal information.
- California consumers are given broad new rights to control the use of their personal information (“PI”), including:
- the right to request that a covered business disclose to the consumer detailed information about the PI collected about that consumer, from where it was collected, and with whom it was shared;
- the right to demand that the covered business delete any PI about the consumer, subject to certain exceptions; and
- the right to opt out of the sale or transfer of their PI.
- Covered businesses will have to substantially revise their website privacy policies to provide much more disclosure, and to provide a link specifically titled “Do Not Sell My Personal Information.”
- The CCPA takes effect on 1/1/2020, but in order to comply, most covered businesses will have to start evaluating and revising their data privacy practices long before then. However, during that ramp-up period, covered businesses will have to keep a close eye on likely legislative revisions to the CCPA (due to the sloppy and rushed nature of the legislation) as well as on rulemakings and interpretations from the California Attorney General’s Office.
Rebekah S. Guyon, Attorney
Greenberg Traurig, LLP
- The California Consumer Privacy Act: The CCPA has far-reaching implications for emerging technologies that are using data in new ways. We will discuss practical ways that businesses can continue to collect, use, and share personal information while complying with the statute’s requirements.
- 2018 Round-Up on Article III Injury in Fact: 2018 saw a wave of cases addressing Article III’s injury-in-fact requirement where a plaintiff had no harm to point to other than a violation of a privacy statute. We will take a deep look at the most important cases addressing the Illinois Biometric Information Privacy Act, the VPPA, and other statutes and analyze what they mean for companies that collect and use personal information.
- Looking Ahead: With the changing landscape of privacy law, what can companies watch out for in 2019? We will explore what may be on the forefront for consumer privacy in the months ahead.
Who Should Attend:
- Data Privacy Law Attorneys
- Marketing, New Media Attorneys and Related Practice Areas
- Chief Information Officers
- Chief Technology Officers
- Other IT Professionals
- Risk and Compliance Officers
- In-house Counsel
- Public and Private Companies
- Other Related and Interested Professionals
Paul Feldman is Privacy and Telecommunications Law attorney, and a member of Fletcher, Heald & Hildreth PLC, located in Arlington, Virginia, right across the river from Washington, D.C. His Privacy Law practice includes assisting telemarketers in compliance with the Telephone Consumer Protection Act (TCPA), and assisting clients with website privacy policies. His Telecommunications Law practice focuses on the regulation of video services, including cable TV, IPTV and broadcast television; and telecommunications, including wireline and wireless voice, data and broadband Internet services. He has worked with Internet Service Providers and others in connection with Net Neutrality/Open Internet issues.
Mr. Feldman received his B.A. in Philosophy from Columbia University in 1984, and his J.D. from the UCLA School of Law in 1988.
Paul Feldman is Privacy and Telecommunications Law attorney, and a member of Fletcher, Heald & Hildreth PLC, located in Arlington, …
Rebekah S. Guyon is a privacy, intellectual property, and entertainment attorney in Greenberg Traurig’s Los Angeles office. She represents clients in a variety of business and commercial disputes, with emphasis on matters relating to complex intellectual property and Internet litigation, privacy, copyright, trademark, and free speech issues. She also represents companies in matters and litigation involving the Telephone Consumer Protection Act. In addition, her practice involves counselling on data security and privacy matters, including matters involving data breaches and the Stored Communications Act and Federal Wiretap Act.
Rebekah S. Guyon is a privacy, intellectual property, and entertainment attorney in Greenberg Traurig’s Los Angeles office. She represents clients …
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Method of Presentation:
General knowledge of privacy laws
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About Fletcher, Heald & Hildreth, PLC
Fletcher, Heald & Hildreth, PLC provides comprehensive legal services for the technology, telecommunications and media industries, partnering with clients on transformative deals and innovative solutions to cutting-edge business issues and regulatory concerns. Our attorneys possess a unique understanding of technology, industry, regulatory environments, and business needs – derived from decades of experience. We utilize practical know-how and broad policy experience to tackle challenges arising from the rapid evolution in technology, increasing competition, and the demands of a global high-tech economy. Our experienced team can handle: startup and formation; intellectual property, content and copyright matters; the complexities of Internet law; commercial and technology transactions; RF equipment and spectrum issues; regulatory licensing and compliance; policy advocacy; and complex litigation.
About Greenberg Traurig, LLP
Greenberg Traurig, LLP is an international, multi-practice law firm with approximately 2,000 attorneys serving clients from 38 offices in the United States, Latin America, Europe, Asia and the Middle East. We offer a multidisciplinary team solving real-world problems in the business, political and legal environments of major commercial centers. With experience in more than 100 practice areas, Greenberg Traurig is positioned to help clients achieve their objectives both domestically and in the global marketplace. Our IP and Technology Practice of more than 180 full-time IP and technology attorneys provide strategic counsel for clients requiring in-depth understanding in specialized technology. Experienced in federal and state court litigation of patent, trademark, trade dress, trade secret and copyright infringement, as well as in computer software-related disputes, our attorneys have handled some of the most complex IP cases. Greenberg Traurig’s Cybersecurity, Privacy & Crisis Management group is dedicated to developing strategies to address privacy, data security, and information management issue, with experience that encompasses the full array of legislation and regulations.