On July 7, 2021, Governor Jared Polis signed into law the Colorado Privacy Act (CPA), making Colorado the most recent state to enact comprehensive privacy legislation. While the CPA does not take effect until July 1, 2023, it contains robust provisions that businesses will need some time to prepare for.
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The California Consumer Privacy Act (“CCPA”) is expected to become operative on January 1, 2020 and will usher in a new era of data privacy for consumers across the United States. The CCPA establishes various rights for individuals, most notably the right to know about the collection, sale, and disclosure of their personal information, the right to opt-out of the sale of their personal information, and – the subject of today’s post – a limited right to request that their personal information be deleted.… More
Our experience in advising clients about GDPR and assisting them in the compliance process is that there are often misconceptions about the so-called “right to be forgotten”. The purpose of this post is to address some of these misconceptions.
- The “right to be forgotten” was not created by the GDPR
On June 12, 2015 the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés – CNIL) issued a notice ordering Google to draw all the consequences of the CJEU May 13, 2014 ruling and to apply delisting not only to the national domain of the individual who requests delisting but on all of the search engine’s domains, including google.com (see our article The Right to be Forgotten: Another Scuffle between Google and The French Data Protection Authority | Security,… More
On 13 May 2014 the Court of Justice of the European Union (CJEU) issued a judgment which Google called a “landmark ruling” (Google v. Costeja Gonzalez case, C-131/12). The court held, based on the 95/46 Directive on protection of personal data that “the operator of a search engine is obliged to remove from the list of results displayed following a search made on the basis of a person’s name links to web pages,… More