PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

Video – CPRA and Its Potential Effects: A Talk with Alastair Mactaggart, Justin Antonipillai, and Daniel Solove

In this video, Justin Antonipillai (Wirewheel) and I discuss the CPRA and its potential effects with Alastair Mactaggart (Californians for Consumer Privacy). Mactaggart’s referendum sparked the passage of the California Consumer Privacy Act (CCPA) in 2018. This year, he has another referendum (Proposition 24) called the Californian Privacy Rights Act (CPRA), which aims to amend […]

Schrems II: Reflections on the Decision and Next Steps

Schrems II - US Surveillance Law

Professor Paul Schwartz and I recently edited the Schrems II decision for our Information Privacy Law casebook.  Schrems II is short for Facebook Ireland Ltd. v. Maximillian Schrems — the second challenge by Maximillian Schrems to the transfer of data between the EU and US.  In Schrems I, the European Court of Justice (CJEU) invalidated the Safe […]

Top 10 Privacy Law Developments of the Decade 2010-2019

Top 10 Privacy Law Developments of the Decade 2010-2019 02

It is an understatement to say that a lot has happened in privacy law during the past decade. Here is my list of the most notable developments. NOTE: I am giving a particular emphasis to what I find to be notable from a United States perspective.  What is notable privacy law depends upon where one […]

Cartoon: The Travails of CCPA Compliance

Cartoon CCPA Sisyphus 04

This cartoon depicts the travails of complying with the CCPA as it rapidly evolves.  The CCPA originated when a referendum regarding consumer privacy rights was scheduled to be on the ballot in November 2018.  Alastair Mactaggart, the referendum’s sponsor, offered to withdraw it if California passed a law.  So, in the summer of 2018, the […]

Cartoon: Multi-Jurisdictional Privacy Law Compliance

Cartoon Multi-Jurisdictional Privacy Law Compliance Poodle - TeachPrivacy CCPA Training 02 small

This cartoon depicts the challenges of multi-jurisdictional privacy law compliance. In 2018, organizations scrambled to comply with the GDPR.  In 2019, businesses are scrambling to comply with the California Consumer Privacy Act (CCPA).  And, there will be a new referendum on privacy law in California next year — CCPA 2.0.  There’s a flurry of legislative […]

Cartoon: Data Subject Access Requests Under the CCPA and GDPR

Cartoon Data Subject Access Requests (DSARs) - TeachPrivacy CCPA Training 02

This cartoon is about data subject access requests (DSARs) — sometimes called “subject access requests” (SARs).  The GDPR Article 15 provides for DSARs.  The new California Consumer Privacy Act (CCPA) provides individuals with a right to learn about the personal data collected and shared about them over the past 12 months. For more background about […]

Anatomy of a Privacy Law

Anatomy of a Privacy Law - Prof Daniel Solove 01

I was recently giving a presentation about new privacy laws, and I created the infographic above to catalog the various elements that privacy laws often have.  Going through this list can help to assess how complete a privacy law is.  For example, the California Consumer Privacy Act (CCPA) is often compared to the General Data […]

Will the United States Finally Enact a Federal Comprehensive Privacy Law?

Comprehensive Privacy Law US - TeachPrivacy CCPA Training 01

These days, there seems to be a lot of energy around a federal comprehensive privacy law in the United States.  When the US Congress started passing privacy laws in the 1970s, 80s, and 90s, it eschewed the route of passing a comprehensive privacy law, opting instead for the sectoral approach — passing a series of […]

Cartoon: The CCPA, a Federal Comprehensive Privacy Law, and Preemption

Cartoon CCPA Preemption - TeachPrivacy CCPA Training 02 small

For years, many policymakers, industry representatives, and commentators were opposed to a comprehensive federal privacy law.  They typical federalism arguments were often trotted out. Then, in 2018, California passed the California Consumer Privacy Act (CCPA). Now, there seems to be a chorus for a comprehensive federal privacy law with preemption.  I’ll be posting soon about […]