Privacy

Direct-to-Consumer Genetic Testing Privacy Laws: California Joins the Party

By Sheila Sokolowski

On October 6, 2021, California’s governor signed the  Genetic Information Privacy Act (the “Act”), adding the state to the growing number enacting laws requiring direct-to-consumer genetic testing companies to protect the privacy and security of their customers’ genetic data. 

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Virginia Passes Comprehensive Data Privacy Law

By Charlotte Lunday

On March 2, 2021, Virginia Governor Ralph Northam signed the Virginia Consumer Data Protection Act (VCDPA) into law. The VCDPA, which takes effect January 1, 2023, will look familiar to those who work with the GDPR and California’s Consumer Privacy Act and Privacy Rights Act (CCPA and CPRA, respectively). Companies that have already invested in GDPR and CCPA/CPRA compliance will find that most VCDPA obligations are similar to what they have already addressed in some form for Europe and California.  But the new Virginia law also contains some novel provisions, such as excluding a broad range of “publicly available information” from the definition of personal data, contractual requirements for sharing de-identified data, and establishing an appeals process for data rights requests. 

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California Privacy Rights Act (CPRA) Passed by California Voters

By Mike Hintze

On November 3, California voters passed Proposition 24, the California Privacy Rights Act (CPRA). This new privacy law, which substantially amends the California Consumer Privacy Act (CCPA), will come into effect on January 1, 2023, and enforcement will begin July 1, 2023. CPRA is, at best, a mixed bag. The fact that it was opposed by a wide range of critics, from privacy advocates, to academics, to industry coalitions is telling. It is long, complex, and poorly drafted. While it clarifies some aspects of CCPA, it adds new ambiguous provisions that will cause more confusion and uncertainty. It changes (mostly expanding) the consumer rights in CCPA, and it imposes a wide range of new compliance obligations on companies.

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