Questions & Answers

Does Using Tracking Technologies Without Consent Violate User Privacy according to CIPA?

Under California law, using tracking technologies like pen registers or trap and trace devices without the user's consent is prohibited. Plaintiffs argue that websites deploying tracking technologies without prior consent violate the California Invasion of Privacy Act (“CIPA”).

How Does the CIPA Affect my Online Business?

The California Consumer Privacy Act (“CCPA”) and its amendment, the California Privacy Rights Act (“CPRA”), have set the stage for enhanced consumer privacy rights in the U.S. However, most state privacy laws, including California’s, lack provisions for private individuals to directly sue for violations, except in cases of data breaches. To address this gap, some plaintiffs’ attorneys have turned to the California Invasion of Privacy Act (“CIPA”), originally enacted in 1967 to prevent phone eavesdropping, as a new legal strategy for privacy protection in the digital age.

What are the 5 Key Privacy Practices according to the FTC?

What are the 5 Key Privacy Practices according to the FTC? According to the FTC, a sound information security plan is built on these five key practices: • Take stock. Know what personal information you have in your files and on your computer. Understand how personal information moves into, through...

What are the Compliance Standards for Companies Collecting, Using, and Sharing Consumer Geolocation Data?

What are the Compliance Standards for Companies Collecting, Using, and Sharing Consumer Geolocation Data? 1. Prior to collecting geolocation and other personal information, the company or application must inform the consumer of what information is being collected; how it is going to be used; and...

What are the Penalties according to the Revised Guidance of the Red Flags Rule?

What are the Penalties according to the Revised Guidance of the Red Flags Rule? The FTC is authorized to take violations to federal courts and could enact penalties of up to $2,500 for each independent violation of the rule. States can also bring actions and, in addition to attorney’s fees, may...

What are the Penalties for Violating the California Invasion of Privacy Act (CIPA)?

Criminal Penalties. Violating CIPA can lead to serious criminal charges, with penalties that depend on whether the offense is classified as a misdemeanor or felony. CIPA violations are considered "wobbler" offenses, meaning they can be charged as either:

What are the Penalties in the Electronic Communications Privacy Act ("ECPA")?

What are the Penalties in the Electronic Communications Privacy Act ("ECPA")? Any person whose electronic communications are improperly intercepted, disclosed or intentionally used may file a civil action to recover from the person or entity (but not from the United States). The plaintiff may also...

What are the Penalties in the HITECH Act?

What are the Penalties in the HITECH Act? There are 4 categories of violations that reflect increasing levels of culpability. There are also several levels of penalties. A maximum penalty of $1.5 million for all violations. The penalties are provided for in the HIPAA Administrative Simplification:...

What are the Penalties in the Privacy Act of 1974?

What are the Penalties in the Privacy Act of 1974? (1) Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this...

What are the Penalties in the Right to Financial Privacy Act?

What are the Penalties in the Right to Financial Privacy Act? Any agency or department of the United States or financial institution obtaining or disclosing financial records or information contained therein in violation of this chapter is liable to the customer to whom such records relate in an...

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