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California Would Like a Word with Florida Man: Hands off our data, dude. [Lowndes Tech]

November 05, 2020

Lowndes attorney Drew Sorrell discusses how the California Privacy Rights Act of 2020 will have a major impact on data collection and ad targeting, even for companies in Florida.

By: Drew Sorrell

Earlier this year the California Consumer Protection Act took effect. At its heart, the CCPA is a privacy law granting California citizens the right to control the personal data companies collect even after collected. Important to companies in Florida is that the California Attorney General has taken the position that the CCPA applies regardless of the location of the company collecting the information or its systems. With the election this week, the citizens of California have doubled-down on the CCPA via Proposition 24.

Proposition 24, to be known as the California Privacy Rights Act of 2020 (“CPRA”), is an effort to tighten the privacy controls put in place by the CCPA. The CPRA has been criticized as a poorly written bundle of steps forward and back. Telling is that the Electronic Frontiers Foundation (EFF) has refused to take a stance on the law with the EFF being somewhat similar to the much older American Civil Liberties Union (ACLU). Indeed, the ACLU criticized the CPRA as creating a loophole where companies can incentivize users via an affinity program to give up rights under the CPRA. [...]

This is an excerpt from a blog post originally written on Lowndes Tech. To read the entire post, click here.

This article is informational only. You should consult an attorney before acting or failing to act. The law may change rapidly and no warranty is given. LOWNDES DISCLAIMS ALL IMPLIED WARRANTIES AND WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ALL ARTICLES ARE PROVIDED AS IS AND WITH ALL FAULTS. Consult a Lowndes attorney if you wish to establish an attorney/client relationship.

Drew Sorrell is a seasoned business lawyer with particular expertise in technology, cybersecurity and privacy issues. With an MBA in marketing and finance, he approaches clients’ legal issues with both a practical business bent and a self-described geeky love of technology.

Drew enjoys working with CLO’s, CIO’s, CTO’s and technology owners at businesses of all sizes in every phase of their legal needs. He assists them on the front end, drafting and negotiating software licenses, Internet service provider agreements, data privacy/breach policies and procedures, and employment/services agreements as well as the indemnity and insurance coverage related to those agreements. He advises clients on the GDPR and state-specific regulations, penetration testing and security audits. He also has years of experience handling matters when things go wrong, including data breaches, privacy issues and other technology or software problems.

A founding member of the Sedona Conference Group 11 (Privacy/Data Security), Drew is frequently asked to speak and write on legal and ethical issues arising from technology, including unfair and deceptive trade practices, data breach, privacy, data governance, and technology contract drafting. He is chair of the firm’s multi-disciplinary Data Governance Group as well as the past chair of the Orange County Bar Association’s Intellectual Property, Business Law and Technology Committees. Drew is also the past president of the Orlando Chapter of the Federal Bar Association.

Outside the technology arena, Drew has substantial expertise in both contracts and commercial litigation. In addition, he has experience assisting clients with government contracting. Drew began his legal career as a judicial clerk to Senior United States District Judge John H. Moore II, in Jacksonville, Florida, and then practiced with an AmLaw top 10 firm in Manhattan. After a stint as an assistant county attorney responsible for day-to-day legal advice and litigating civil issues for the county, Drew returned to Lowndes. Drew is admitted to practice in Florida, New York and the District of Columbia.

Born in Florida, Drew roots for his adopted football team—the FSU Seminoles (because neither Rollins nor George Washington has a football team). He is the proud father of two sons who wrestle and play the euphonium, make great grades and generally keep him on his toes.

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