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Privacy Law Update: November 14, 2022

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Stay up to date with this weekly release covering key developments on data privacy laws, technology, and other hot privacy topics!


Newsworthy Updates

Home stretch: Finalization of CPRA Regulations Draws Closer

The delay on California Privacy Rights Act regulations has proven difficult for everyone involved. Covered entities are in a bind trying to address CPRA compliance ahead of the Jan. 1, 2023, effective date without final rules being promulgated by the California Privacy Protection Agency. On the other hand, the CPPA is trying to work diligently and tactfully in the face of criticism for running well past its initial July 1 deadline to finalize regulations.

New data privacy laws are coming in 2023. Experts say businesses need to be prepared.

California and other states will implement new data privacy laws in 2023 that could have implications stretching far beyond their borders. Experts say business owners need to be prepared — particularly for California’s sweeping new law. The California Privacy Rights Act takes effect on Jan. 1, 2023, and is expected to reshape the consumer and employee data privacy landscape across the country.

Argentina Finalizes Proposed Data Protection Reform

Argentina’s data protection authority, the Agency of Access to Public Information, announced finalization of its proposed reforms to Law No. 25,326 on the Protection of Personal Data. Following an extended public consultation featuring 173 submissions, the AAPI took up 80 articles in its final proposal and modified 43 based on public comments. The reform package was presented to Argentina’s government for review before introduction to the National Congress of Argentina. Editor’s note: Mariano Peruzzotti, CIPP/E, broke down Argentina’s proposed data protection reform.

A view from DC: Uncertainty reigns

After Tuesday’s election, control of the U.S. House of Representatives remains undetermined, though Republicans only needs seven more seats among the 30 undecided races to assume the mantle. Until the call is made, it is hard to fully analyze how the results of the midterm elections could impact the future of the American Data Privacy and Protection Act, or other comprehensive consumer privacy bills. If Rep. Kevin McCarthy, R-Calif., takes the gavel, he could make good on his support for data privacy legislation, which also appears in his proposed party platform. Note: the next episode of The Privacy Advisor podcast will feature more insights from D.C. insiders about what to expect after the election.

Privacy Legislation

UK, US Announce Initial PETs Contest Winners: The U.K. and U.S. governments jointly announced initial winners in the U.S.-U.K. prize challenges on privacy-enhancing technologies. Twelve of 76 entries moved out of Phase I of the contest with their “state-of-the-art approaches to privacy-preserving federated learning.” The remaining entrants will take part in Phase II of the competition, which tasks entrants with building their proposed technologies with government and regulator engagement. Applications are open for Phase III testers to trial the final products.

California: The California Age-Appropriate Design Code Act may lead to greater privacy protections for minors across the U.S., Government Technology reports. The law, which goes into effect in 2024, could make it “difficult for technology companies to apply different rules to users in different places,” and could compel them to add stronger protections by default. Technology industry groups could still challenge the law because certain provisions “are overly vague,” such as requiring websites to “estimate the age of child users with a ‘reasonable level of certainty,’” which could create a scenario where technology companies collect even more personal data.

Apple Tracks and Collects Data from iPhone Users: An independent study conducted by researchers from software company Mysk indicated Apple tracks and collects data from iPhone users despite user setting preferences, Gizmodo reports. “Opting-out or switching the personalization options off did not reduce the amount of detailed analytics that the app was sending,” researcher Tommy Mysk said. The research was conducted on two Apple devices and included analysis of Apple’s App Store as well as Apple Music, TV, Books and Stocks.

Colorado: The Colorado Attorney General’s Office released public comments received from stakeholders on proposed draft Colorado Privacy Act rules. A total of 61 comments were published, received from March through Nov. 8. The proposed CPA draft rules were published Oct. 10 and a hearing is scheduled for Feb. 1, 2023. Three virtual stakeholder sessions are also scheduled for Nov. 10, 15 and 17. The attorney general’s office said the sessions are a forum to “gather feedback from a broad range of stakeholders for the development of rules to implement the CPA.”

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