Data Privacy Posts

January 2019 Council Meeting Updates

At its meeting in Philadelphia on January 17 and 18, the ALI Council reviewed drafts for six projects. Drafts or portions of drafts for six projects received Council approval, subject to the meeting discussion and to the usual prerogative to make nonsubstantive editorial improvements.

The California Consumer Privacy Act of 2018

In the period of just a week, California passed a bold new privacy law — the California Consumer Privacy Act of 2018. This law was hurried through the legislative process to avoid a proposed ballot initiative with the same name. The ballot initiative was the creation of Alastair Mactaggart, a real estate developer who spent millions to bring the initiative to the ballot. Mactaggart indicated that he would withdraw the initiative if the legislature were to pass a similar law, and this is what prompted the rush to pass the new Act, as the deadline to withdraw the initiative was looming.

South Dakota Beats Alabama in Passage of Data Breach Notification Law

South Dakota passed the finish line right before Alabama, but both states have now joined the rest of the nation in enacting data breach notification laws for their citizens. Last month, South Dakota Governor Dennis Daugaard signed South Dakota § 22-40-19 et. seq., the South Dakota Data Breach Notification Law, into effect. Alabama Governor Kay Ivey’s signature on April 3, 2018, inked the final state data breach law into effect.