CALIFORNIA PRIVACY AND DATA SECURITY LAW
(LAWJ-4105) - 2 UNITS
In this course, students will learn about cutting-edge developments in California privacy and data security law. The California Consumer Privacy Act (CCPA), the first ever comprehensive privacy law in the United States, took effect on January 1, 2020. The law, which was controversial from the start and passed in a rush in June 2018, completely changes the rules around the collection, use, sharing, and protection of personal information. Yet California Privacy Law is in a state of constant flux. The CCPA may be replaced by the California Privacy Rights Act, a ballot initiative that may appear on the November 2020 ballot. If it becomes law, the CPRA would impose even more European-like restrictions on the use of consumer and employee data and add new compliance obligations with respect to sensitive categories of information and information of teenagers. Alternatively, the CCPA may remain in place with regulations that, as of May 2020, still have not been finalized. This course explores the history and impact of a first-of-its-kind law in its first few months of application and as privacy law continues to evolve. What do these changes mean for businesses of all sizes? For California consumers?
This course has also been updated to cover new developments in light of the worldwide COVID-19 pandemic in full swing in 2020. State privacy restrictions are being adapted to facilitate contact tracing, employee monitoring, and other measures designed to prevent the spread of COVID-19. And what about lawyers working from home? The California Rules of Professional Conduct may be modified to address issues like technical competence, and the Bar is formulating guidance for how lawyers must respond to a data security incident involving client confidential information. It is critical that lawyers practicing in California understand the rapidly changing legal landscape when it comes to privacy and data security.