The California Consumer Privacy Act, Amazon and Pill-Pack: Making Sense of These Recent Developments and Their Long-Term Consequences to Privacy Interests

While much of the national attention during the last week of June 2018 was directed at Justice Kennedy’s announced retirement from the U.S. Supreme Court and the battle to ensue over confirmation of his replacement, two significant developments occurred involving data privacy, which will have both profound and lasting effects on U.S. businesses and consumers. First, on June 28, 2018 the California legislature unanimously approved the California Consumer Privacy Act of 2018 (“CCPA”); hours later Governor Jerry Brown signed the CCPA into law.  Bearing many unmistakable similarities to the European Union’s General Data Protection Regulation (“GDPR”), which took effect in May 2018 in EU nation‑states, the newly-enacted California law is the first of its kind in the United States.  The CCPA is set to take effect in 2020 and in the interim is sure to be the target of both business lobbyists and privacy advocates who will seek…

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