October 15, 2015
Partner Alysa Zeltzer Hutnik was featured in the DataGuidance article “California: Latest privacy legislation 'a catalyst' to update Federal law.” The Governor of California, Jerry Brown, signed, on October 6th and 8th, 2015, six bills relating to privacy and data protection matters. In particular, three of the bills update the data breach notifications framework, whilst a further regulates the access of electronic communications. Finally, two additional bills introduce new obligations and liabilities in respect of smart TVs and drones. Ms. Hutnik commented on Bill No. 178, which updates California's Electronic Communications Privacy Act (CalECPA) and requires law enforcement agencies to obtain warrants before accessing individuals' electronic devices. "This is the most notable bill, because it curtails law enforcement snooping of California consumers digital records (including email, location tracking through one smartphone, etc.), unless they first obtain a warrant. This development had the support from the Californian technology sector, privacy advocates, and eventually the State law enforcement community. It will be interesting to monitor to determine if the law becomes a catalyst for Congress to update the dated federal ECPA law," she said.
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