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 consumer privacy law in the United States, took effect on January 1, 2020, as amended by the California Privacy Rights Act (CPRA), which became effective January 1, 2023. 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 a consumer?s personal information. Yet California Privacy Law remains in a state of flux. Regulations issued under the CCPA took effect August 14, 2020 (with amendments to the regulations effective March 15, 2021), and in November 2020, California voters passed a ballot initiative amending the CCPA by the CPRA, which will have its own regulations that are in the process of being finalized this Spring 2023. The CPRA imposes even more European-like restrictions on the use of consumer and employee data and adds new compliance obligations with respect to sensitive categories of information and information of teenagers. This course explores the history and impact of this first-of-its-kind law in its first few years of application as the privacy law continues to evolve in the larger national and international privacy landscape (i.e., the course will explore topics such as what do these changes mean for businesses of all sizes? for California consumers? for California employees?).

This course will also cover related topics such as data protection, privacy, and security as embodied in California law and developments, including any developments with related to complimentary laws in other states (like Colorado, Connecticut, Utah, and Virginia) and to the California Rules of Professional Conduct such as technical competence and 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.

Pass/Fail:
No

Prerequisites:
None