David M. Stauss

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GLBA and the California Privacy Act: Analyzing SB 1121’s Change to the Financial Institution Carve-Out Provision

By David M. Stauss & Malia K. Rogers on September 26, 2018

Posted in Privacy, Regulatory and Enforcement, State regulation

Less than three months after California passed the California Consumer Privacy Act of 2018 (CCPA), Governor Jerry Brown signed SB 1121 this week, making a number of technical and substantive changes to the law.

Of particular note: SB 1121 modifies the financial institution carve-out language in CCPA section 1798.145(e). While the change is a welcome development for entities subject to regulation under the Gramm-Leach-Bliley Act (GLBA), it does not grant full exemption from the CCPA.

California Poised to Enact Internet of Things Information Security Law

By David M. Stauss on September 11, 2018

Posted in Data Security, Privacy, Regulatory and Enforcement

California is once again poised to set the standard for privacy and data security by enacting the first state law directed at securing Internet of Things (IoT) devices. The law has passed the state legislature and is awaiting the signature of Governor Jerry Brown. It requires manufacturers of “connected devices” to equip them with “a reasonable security feature or features” that are:

appropriate to the nature and function of the device;
appropriate to the information the device may collect, contain or transmit; and
designed to protect the device and any information contained in it from unauthorized access, destruction, use, modification, or disclosure.