October 15, 2019

October 15, 2019

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October 14, 2019

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Maine and Nevada Sign into Law Consumer Privacy Laws

The California Consumer Privacy Act (CCPA), which goes into effect January 1, 2020, is considered the most robust state privacy law in the United States. The CCPA seems to have spurred a flood of similar legislative proposals on the state level, and started a shift in the consumer privacy law landscape. Many of these proposals end up dying somewhere along the rigorous legislative process, but in the last few weeks both Maine and Nevada signed into law bills that, although much more narrow than the CCPA, certainly bear resemblance.

Maine

Maine Governor Janet Mills recently signed into law the Act to Protect the Privacy of Online Consumer Information, LD 946, which imposes data privacy requirements on Internet service providers (ISPs). This law requires ISPs to obtain customer consent before “using, disclosing, selling or permitting access” to their data with a third party. In addition, an ISP is prohibited from refusing to serve a customer based on their refusal to consent to the data usage terms. Finally, ISPs will also be required to take “reasonable measures” to protect customer personal information from “unauthorized use, disclosure, sale or access”. The law is applicable to all ISPs that service customers physically based and billed for within the State. The Maine law will take effect July 1, 2020.

Nevada

 In late May, Nevada Governor Steve Sisolak signed into law an act relating to Internet privacy, SB 220. Nevada’s new law prohibits an operator of an Internet website or online service which collects “covered information” from consumers from selling that information to a third party without prior consent. “Covered information” is limited to “personally identifiable information” which includes a first and last name, home or other physical address, e-mail address, telephone number, social security number, an identifier that allows a specific person to be contacted either physically or online, and any other information concerning a person collected from the person through the Internet website or online service of the operator and maintained by the operator in combination with an identifier in a form that makes the information personally identifiable. The law takes a limited approach to “sale” which is defined as “the exchange of covered information for monetary consideration by the operator to a person for the person to license or sell the covered information to additional persons”. The law includes several exemptions including financial institutions subject to GLBA, institutions subject to HIPAA, motor vehicle manufacturers and third parties that host or manage Internet websites or online services on behalf of their owners. Notably, the Nevada law will take effect October 1, 2019 (sooner than the CCPA, which becomes effective January 1, 2020).

While both the Maine and Nevada law are much more limited in scope than the CCPA, these types of laws signify how complicated the patchwork of laws will become as more states enact their own privacy laws which are inconsistent and often include mutually exclusive requirements from one another. Other states that are considering or have recently considered consumer privacy legislation include Connecticut, Hawaii, Illinois, Maryland, Massachusetts, New Jersey, New Mexico, North Dakota, Texas and Washington. Needless to say, the compliance challenges for affected organizations will only continue to grow with the passage of each state bill.

Jackson Lewis P.C. © 2019

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About this Author

Principal

Joseph J. Lazzarotti is a Principal in the Morristown, New Jersey, office of Jackson Lewis P.C. He founded and currently helps to co-lead the firm's Privacy, e-Communication and Data Security Practice, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the International Association of Privacy Professionals.

In short, his practice focuses on the matrix of laws governing the privacy, security and management of data, as well as the impact and regulation of social media. He also...

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

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, including the Equal Employment Opportunity Commission, the Office for Civil Rights (OCR), the New Jersey Division of Civil Rights, and the New Jersey Department of Labor. His practice also focuses on advice/counseling employers regarding daily workplace issues.

Mr. Gavejian represents companies with respect to inquiries from the HHS/OCR, state attorneys general, and other agencies alleging wrongful disclosure of personal/protected information. Mr. Gavejian negotiates vendor agreements and other data privacy and security agreements, including business associate agreements. His work in the area of privacy and data security includes counseling and coaching clients through the process of investigating and responding to breaches of the personally identifiable information (PII) or protected health information (PHI) they maintain about consumers, customers, employees, patients, and others, while also assisting clients in implementing policies, practices, and procedures to prevent future data incidents.

Mr. Gavejian’s litigation experience, coupled with his privacy practice, provides him with a unique view of many workplace issues and the impact privacy, data security, and social media may play in actual or threatened lawsuits.

Mr. Gavejian regularly provides training to both executives and employees and regularly speaks on current privacy, data security, monitoring, recording, BYOD/COPE, biometrics (BIPA), social media, TCPA, and information management issues. His views on these topics have been discussed in multiple publications, including the Washington Post, Chicago Tribune, San Francisco Chronicle (SFGATE), National Law Review, Bloomberg BNA, Inc.com, @Law Magazine, Risk and Insurance Magazine, LXBN TV, Business Insurance Magazine, and HR.BLR.com.

Mr. Gavejian is the Co-Chair of Jackson Lewis’ Hispanic Attorney Resource Group, a group committed to increasing the firm’s visibility among Hispanic-American and other minority attorneys, as well as mentoring the firm's attorneys to assist in their training and development. Mr. Gavejian also previously served on the National Leadership Committee of the Hispanic National Bar Association (HNBA) and regularly volunteers his time for pro bono matters.

Prior to joining Jackson Lewis, Mr. Gavejian served as a judicial law clerk for the Honorable Richard J. Donohue on the Superior Court of New Jersey, Bergen County.

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Attorney

Maya Atrakchi is the Knowledge Management (“KM”) Attorney for Jackson Lewis P.C.’s Privacy, e-Communication and Data Security and International Employment Issues Practice Groups, and is based in the New York City, New York, office of Jackson Lewis P.C.

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