On December 17, Tonkon Torp partner Parna Mehrbani hosted a comprehensive review of Privacy Law in 2020, which included a look ahead to pending legislation. You can view a recording of Parna's webinar presentation below.
Parna kicked off the briefing with a deep dive into the current compliance requirements for the far-reaching California Consumer Privacy Act (CCPA) Regulations, implemented by the California Attorney General on July 1, 2020. She gave an overview of the format, content, and delivery methods for the required notices to consumers of their rights under the CCPA, such as the right to request information, and the right to request deletion. She discussed the requirements for notices of financial incentives related to data collection, and requirement contents of privacy policies. She also reviewed the obligations for businesses including employee training and record keeping.
Parna then turned to the California Privacy Rights Act (CPRA), an amendment to the CCPA passed by voter initiative on November 3, 2020 and which goes into effect January 1, 2023. A notable change is that the CPRA establishes the California Privacy Protection Agency, which will take over rulemaking from the Attorney General. She went over at the scope of the law, to whom it applies, and how it alters and expands rights and protections under the CCPA.
Turning to the Northwest, Parna previewed the proposed Washington Privacy Act of 2021. This legislation was first proposed in 2018, but has failed to get enough support to pass. She broke down the scope, applicability, exemptions, and enforcement of the 2021 version of the legislation. The current draft includes provisions dealing with data privacy regarding public health emergencies, in response to COVID-19. If passed, it will become effective 120 days after enactment.
Parna wrapped up her briefing with an update on Oregon privacy law. Although the state has no comprehensive data privacy legislation, she shared the various common law torts and sector-specific laws that regulate privacy, and the agencies that handle privacy matters. While she doesn’t expect a proposed Oregon Privacy Rights Act to move through the 2021 Oregon legislative session, Parna reviewed what the Oregon Consumer Privacy Task Force might include in a bill. She also shared the background behind two City of Portland ordinances related to addressing concerns about privacy, intrusiveness, and racial bias with regard to facial recognition technology.
Parna is Co-Chair of Tonkon Torp's Information Privacy & Security Practice Group, and a partner in its Intellectual Property Practice Group. Her practice is focused on intellectual property, trademark and copyright registration, licensing, and enforcement, and advising on intellectual property portfolios for local, national, and international companies. She also advises businesses on the management and security of personal data and the laws that regulate the collection, use, and protection of personal data.
