May 25, 2020

Déjà Vu: New California Ballot Initiative Seeks to Strengthen Data Privacy Further

Even though the California Consumer Privacy Act (“CCPA”), enacted in June 2018, radically transformed data privacy regulation in the US, it appears that some privacy advocates in California are seeking to strengthen consumers’ data privacy rights even further.  Californians for Consumers Privacy, the group behind the ballot initiative that led to the CCPA, announced this week that it would seek to gain approval for a new ballot initiative that would be voted on by Californians in the November 2020 general election.  The new proposal, filed on September 26; 2019, would, among other things, create new rights around the use of “sensitive” personal information, enhance protections for minors, and impose transparency obligations connected with automated decision-making. It would also create a new authority, the California Privacy Protection Agency, which would take over the role currently assigned to the Office of the Attorney General of California to enforce the law and provide guidance to the industry and consumers.

The filing of the ballot will trigger the opening of a review process and public comment period after which the proponents of the initiative may amend the proposal. Once the proposal is added to the ballot, proponents will commence collecting the required signatures. By spring 2020, polling information showing the percentage of Californians that intend to vote for the proposal will be available.

How We Can Help

Squire Patton Boggs’ Data Privacy & Cybersecurity Group can help you determine whether, and to what extent, new data privacy proposals will impact your business, as well as assist you in your overall compliance efforts.  Our preeminent Public Policy Practice can develop effective strategies to make sure you are heard at the right time, by the right people. We can also help you assess, in advance or in real time, what government policies could affect your business interests. We are proud to have the most experienced and well-recognized public policy practice in the US and internationally.

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About this Author

Lydia de la Torre Privacy Lawyer Squire Patton Boggs
Of Counsel

Lydia de la Torre provides strategic privacy compliance advice related to US and EU privacy, including data protection and cybersecurity law, General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), other state’s privacy and cyber laws, US financial privacy laws, and marketing and advertising compliance, as well as information security. She also represents clients in investigations with an eye toward helping them avoid litigation.

Lydia’s work in-house and with organizations has run the gamut, from pre-IPO start-ups...

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Glenn Brown Cybersecurity Attorney Squire Patton Boggs
Of Counsel

A senior member of our Data Privacy & Cybersecurity Practice Group, Glenn Brown provides business-oriented advice to clients in numerous industries on data privacy and regulatory compliance matters, including regulatory investigations and examinations. He has experience driving privacy and compliance priorities within organizations and providing strategic counsel regarding privacy, compliance and risk to support the growth and success of the business.

Glenn also has deep experience advising clients regarding compliance with many of the US federal and state privacy laws, including the California Consumer Privacy Act (CCPA), the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act and the Driver’s Privacy Protection Act. Glenn is familiar with the legislative and regulatory landscape in the US and the EU and assists clients with developing strategies to address new developments.

Having served in-house in the capacity of Associate General Counsel and Chief Compliance Officer for more than 10 years, Glenn has a first-hand understanding of the day-to-day issues faced by clients when creating corporate privacy programs, implementing corporate compliance systems and responding to government investigations and examinations.

Glenn is a member of the board of the American Red Cross of Metropolitan Atlanta and a member of the board’s Biomedical Committee.

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