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Alex C. Nisenbaum Quoted in Fast Company Article, 'What California's New Privacy Law Really Means for You'

1/02/2020
Alex C. Nisenbaum Quoted in Fast Company Article, 'What California's New Privacy Law Really Means for You'

Alex C. Nisenbaum, a partner in the Health Sciences Department of Pepper Hamilton and a member of Pepper’s Privacy, Security and Data Protection Group and Technology Group, was quoted in the January 2, 2020 Fast Company article, "What California’s New Privacy Law Really Means for You."

"Some businesses might apply CCPA rights across the board because they're not able to effectively delineate between California consumers and others," says Alex Nisenbaum, a partner at the Pepper Hamilton law firm who is advising companies on how to comply with CCPA.

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"There's just a ton of questions on the process for how you go about verifying a consumer [identity]," Nisenbaum says. California consumers may have to submit a request on a web form, by email, or possibly a toll-free phone line.

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But Nisenbaum says that just notifying a company it’s in trouble—like in an open letter shared with the press—could be a powerful way to bring pubic pressure.

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Awards are capped at $750 per person, unless people can prove that they suffered bigger monetary damages—which Nisenbaum considers unlikely to succeed, based on what he's seen in other data-breach cases.

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Once again, companies are allowed 30 days to fix a violation and avoid a lawsuit. But it's unclear how they would "fix" a data breach. "Once the genie is out of the bottle there, I don't think you put it back in," Nisenbaum says.

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"They're anticipating having to go through this again in 2020 and beyond to keep track of new laws [that will come out]," Nisenbaum says. "The discussion that we're having with clients is: What do we do to hedge our bets?"

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