2023 - Volume 2 - Summer - Flipbook - Page 15
-Artificial Intelligence: Continued from page 13-
-Privacy: Continued from page 3-
business know its true risk appetite. But, to better appreciate that calculation, it is appropriate that businesses know where to look and what to look for.
derives 50 percent or more of its annual revenues from
selling or sharing consumers’ personal information.
The CCPA defines personal information broadly as
“information that identifies, relates to, describes, is
reasonably capable of being associated with, or could
reasonably be linked, directly or indirectly, with a particular consumer or household.” Examples of this type
of information include online identifiers, biometric information, professional or employment information,
Internet Protocol addresses, email addresses, browsing
history, search history, geolocation data, and information regarding a consumer’s interaction with a website or online application or advertisement. The CCPA
also covers “inferences drawn” from any personal information that is used “to create a profile about a consumer reflecting the consumer's preferences, characteristics, psychological trends, predispositions, behavior,
attitudes, intelligence, abilities, and aptitudes.”
Robert
Matsuishi is a partner at Payne & Fears
LLP. He has extensive experience litigating labor and
employment matters, with a focus on wrongful termination claims, discrimination, harassment, accommodation, and retaliation claims, alleged violations of
medical and family leave laws, whistleblower retaliation claims under the California Labor Code, the
False Claims Act, and the Defense Contractor Whistleblower Protection Act/NDAA, and alleged violations of federal, state, and local wage-and-hour laws.
The scope of these matters has varied from singleplaintiff cases to high-stakes class actions and representative Private Attorneys General Act (“PAGA”)
actions.
Connor Kridle is an associate in the firm’s labor
and employment and insurance coverage practice
groups. Connor’s labor and employment practice includes representing employers in all types of matters
ranging from single-plaintiff lawsuits to large class or
representative actions.
The CPRA defined a new category - “sensitive personal information” – which is a subset of personal information entitled to extra protections. Under the
CPRA, sensitive personal information includes a social
security, state ID, driver’s license or passport number;
information that would allow access to a consumer’s
financial account, like a credit card number in combination with a security code; precise geolocation data;
genetic data; a consumer’s racial or ethnic origin, religious or philosophical beliefs or union memberships;
and contents of a consumer’s mail, email and text messages, unless the business is the intended recipient of
the communication.
Want to
Get Published?
The CCPA and CPRA established and expanded
privacy rights for consumers that allow them to assert
greater control over personal information that businesses collect. These rights include:
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is always looking for
articles geared toward business trial lawyers.
• Consumers have the right to know what personal
information a business has collected about them
and to access their personal information.
• Consumers have the right to deletion of their
personal information, subject to certain exceptions.
• Following the CPRA amendments, consumers
have the right to correct inaccurate personal information.
• Consumers have the right to know what personal
information is sold and to whom. The CCPA
If you are interested,
please contact our Editor
Richard Krebs
at rkrebs@orrick.com
-Continued on page 1615
