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Posts Tagged ‘election’

The CCPA: Precursor To American GDPR Or Undue Burden On American Businesses

Posted on: July 30th, 2018

By: Jonathan Romvary

As we recently posted, California recently passed the landmark California Consumer Privacy Act of 2018 (“CCPA”) that goes into effect on January 1, 2020 and grants California residents new expansive privacy rights. Many observers are comparing its scope to that of the European Union’s General Data Protection Regulation (“GDPR”). However, as protective as the new statute may be for California residents, it represents a number of significant burdens and challenges for businesses throughout the country.

Unknown Final Requirements

Despite what appears to be a finalized bill, future amendments and clarifications to the CCPA are necessary and will likely significantly alter the current draft. The CCPA was enacted after a single week of legislative debate. The reasons for the quick turnaround can be debated but the current draft contains a number of errors that will need to be addressed before its effective date on January 1, 2020. The uncertainty surrounding the bill means that businesses attempting to be proactive in terms of compliance may be throwing darts in the dark.

Attorney General Regulations

Additionally, the bill instructs the California Attorney General to develop regulations ahead of the effective data in a number of areas to further the purposes of the CCPA. While its arguable whether this will provide greater protections to consumers, it will undoubtedly come at the burden of those businesses covered by the CCPA. At this time these specific AG regulations are unknown and with an upcoming election, there is no guarantee we will know what these regulations will be until late next year before implementation.

Compliance Burn Out

As we all know, the GDPR went into effect on May 25, 2018. Most companies have spent the last year conducting data flow analysis, mapping, and regulatory compliance in order to come into compliance prior to the effective date. According to an October 2017 survey by Paul Hastings LLP, the cost of GDPR compliance for Fortune 500 firms runs approximately $1 million just for the necessary technology that those companies need to comply.

Unfortunately for all of those companies that spent the last 12 to 18 months traversing GDPR compliance, you will not automatically be complying with the CCPA. The CCPA requirements, while similar, do not entirely overlap with the GDPR and, in many cases, the CCPA goes even further than the GDPR. All those companies will now need to engage in an additional 18 months of legal compliance reviews in anticipation of the January 1, 2020 implementation date.

The scope of the CCPA affects businesses across the country, not just those in California. The CCPA protections generally encompasses all retail and commercial activity that includes the collection of data relating to a resident of California which retained, sold or transferred by the business. While the CCPA contains numerous exemptions of data use and functionality these exceptions require close scrutiny and analysis by covered businesses. To discuss how the CCPA might affect your business and what you can do in anticipation of the numerous issues relating to the act, please contact Jonathan Romvary at [email protected].

Facebook and Twitter: More Transparency for Political Ads

Posted on: June 4th, 2018

By: Amy Bender

In the wake of the alleged Russian interference with the U.S. presidential election through targeted Facebook ads, both Facebook and Twitter now have imposed conditions for political campaign advertisements. Since there currently are no legal requirements for posting political content on private social media platforms, the platforms have the freedom – and, some say, the responsibility – to create their own policies in order to regulate the content delivered to their users. Facebook and Instagram (which Facebook owns) now require that political ads be labeled with information such as who funded the ad, the campaign budget, the number of viewers, and their demographics. The information also will be stored in a searchable archive. Twitter will require advertisers of political campaigns for federal elections to identify themselves and prove they are located in the U.S. Further, it will not allow foreign nationals to target political ads to U.S. residents. Both platforms have cited increased transparency as the basis for these changes. Facebook also has been under scrutiny since the Cambridge Analytica/user data breach incident, as we reported here.

It remains to be seen if these measures will help regulate political content and if more social media platforms will follow suit.

If you have any questions or would like more information, please contact Amy Bender at [email protected].

Beyond the Political Rhetoric: Will Georgia’s Voter ID Law Reduce Minority Turnout?

Posted on: October 24th, 2012

By: Sun Choy

To be sure, Georgia’s voter ID law that requires a voter to produce a photo ID to vote has been used as a political football by both sides of the aisle over the past few election cycles.  Depending on your point of view, the voter ID law is either an attempt by Republicans to disenfranchise key voting blocs for Democrats, or prudent legislation passed to ensure the integrity of our elections.  Beyond the political rhetoric and legal challenges, a fundamental question is whether the voter ID law in fact reduces minority turnout.

Accordingly, to an Atlanta Journal-Constitution article, the answer is no.  The article notes that “turnout among black and Hispanic voters increased from 2006 to 2010, dramatically outpacing population growth for those groups over the same period.”  At the same time, “Georgia’s top elections official could not point to a single case of ballot fraud the voter ID law had prevented.”  Notably, however, records show that since 2008, 2,244 provisional ballots were cast by voters who lacked a photo ID and only 658 returned with an ID.  The end result is that the remaining 1,586 votes were not counted.  It should be interesting to see if this trend of increased minority turnout continues.

2012 Election Cycle: Major Business Concerns Include Immigration, Baseless Lawsuits

Posted on: August 27th, 2012

By: Kelly Morrison

The Eleventh Circuit recently weighed in on Georgia’s controversial Immigration Reform Act, restoring a provision which allows police to verify the immigration status of criminal suspects failing to produce appropriate identification.  This mirrors the U.S. Supreme Court’s holding with regards to a similar Arizona law.

Meanwhile, the Obama administration has spent its first term quietly advocating for loopholes in the current system, mostly aimed at undocumented aliens under age 18.  Political pundits expect a more direct campaign for federal immigration reform from the victor of the 2012 election.

Although Georgia has addressed both immigration and tort reform at the state level, more than 60 percent of Americans believe that frivolous litigation has slowed economic growth and recovery.