During these particularly trying times resulting from the COVID-19 pandemic, businesses of all sizes have been concerned about the future. As a result, considering potential liquidation or restructuring through bankruptcy is inevitably starting to become a reality for some. Companies in this situation should keep privacy concerns in mind, because the handling of personal data in bankruptcy proceedings poses some unique challenges.

By taking proactive measures, a business can transform the personal data it holds from a reorganization liability into an asset. However, the issue of whether or not personally identifiable information (PII) can be sold (and under what terms) is a common way privacy issues come into play during liquidation and reorganization proceedings. As further discussed below, the GDPR and the CCPA, along with the prior positions taken by the FTC and various State Attorneys General, are all factors for companies to consider to ensure that data does not lose its value as part of the bankruptcy process.
Continue Reading Privacy During Bankruptcy Proceedings: Why It Matters

Next Tuesday is election day, and this year, California voters are deciding whether to support another statewide privacy initiative – the California Privacy Rights Act (CPRA) (Proposition 24).

This measure would expand on the California Consumer Privacy Act (CCPA), which went into effect earlier this year, in several important ways, including (among others):
Continue Reading Proposition 24: California’s Ever-Evolving Privacy Landscape

With a little time to consider the finalized California Consumer Privacy Act regulations released by the California Attorney General on August 14, 2020, it is clear that some last-minute negotiations (or perhaps just some thoughtful additional analysis) took place that led to some unexpected changes. The lion’s share of the regulation requirements have been discussed in depth, so let’s just focus on the following noteworthy changes:
Continue Reading Twists in the Plot: California AG Releases Final CCPA Regulations

While far from getting us back to any kind of normal that predated the COVID-19 pandemic, states have begun to relax lockdown requirements and some previously closed “nonessential” businesses are returning to operations. With such openings, governmental entities, trade organizations, and others are wisely recommending protocols, including using wellness screenings, in an effort to lower the risk that such reopenings result in a reversal of trends that have flattened the infection curve. While such protocols focus on ensuring the health and wellbeing of employees, customers, and others physically visiting the businesses and are necessary in any consideration of reopening, businesses implementing new data collection from their employees and customers need to consider the privacy implications of doing so.
Continue Reading Reopening Plans and Recommended Protocols Beg New Privacy Issues

With the explosion of COVID-19 cases worldwide, companies and governments have expanded their interest in the use of the vast stores of consumer data. Even where such collection and use of personal data is ostensibly for the public good, the privacy rights and legal requirements applicable to such data must be considered carefully.[i]
Continue Reading Public Ends From Private Means: Privacy Rights and Benevolent Use of Personal Data