March 27, 2023

Volume XIII, Number 86


March 24, 2023

Subscribe to Latest Legal News and Analysis

California Attorney General’s New Privacy Enforcement Targets are Apps and Opt-Outs

On the eve of Data Privacy Day, the California Attorney General announced a new investigative focus for compliance with the California Consumer Privacy Act (CCPA) on mobile applications, specifically popular apps in the retail, travel, and food service industries. The Attorney General sent letters to businesses with mobile applications that have allegedly failed to comply with consumer opt-out requests, do not offer any mechanism for consumers who want to stop the sale of their data, or failed to process consumer requests submitted via an authorized agent, including via third-party applications such as Permission Slip.

The Attorney General stated this new focus on mobile application compliance comes due to the wide array of sensitive information applications can access on an individual’s mobile device.

Under the CCPA, businesses that receive notices have 30 days to fix the alleged violations before an enforcement action may be initiated by the state.

This announcement of further potential enforcement actions comes only four months after the state’s first enforcement action and settlement under the CCPA, which resulted in a settlement of $1.2 million in penalties, as well as injunctive relief.

Businesses with mobile applications should review compliance requirements and whether their mobile applications are following these and other CCPA requirements, including the changes made by the California Privacy Rights Act (CPRA).

Jackson Lewis P.C. © 2023National Law Review, Volume XIII, Number 37

About this Author

Jason C. Gavejian, Employment Attorney, Jackson Lewis, Principal, Restrictive Covenants Lawyer

Jason C. Gavejian is a Principal in the Morristown, New Jersey, office of Jackson Lewis P.C. and a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy Professionals.

Mr. Gavejian represents management exclusively in all aspects of employment litigation, including restrictive covenants, class-actions, harassment, retaliation, discrimination and wage and hour claims in both federal and state courts. Additionally, Mr. Gavejian regularly appears before administrative agencies,...

(973) 538-6890

Joseph J. Lazzarotti is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. He founded and currently co-leads the firm's Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the International Association of Privacy Professionals. Trained as an employee benefits lawyer, focused on compliance, Joe also is a member of the firm’s Employee Benefits practice group.

In short, his practice focuses on the matrix of laws governing the privacy, security, and...

973- 538-6890