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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's practice focuses on complex commercial issues, relating to both litigation and contract/policy drafting.

Drew is an experienced business litigator who handles complex commercial matters, intellectual property/patent infringement disputes, data breach/privacy issues, wire fraud (spoofing/spear phishing), insurance coverage, personal injury and employment litigation. Likewise, he has significant experience drafting and negotiating software licenses (SaaS), 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.

Initially, 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 primarily in their litigation department. After spending some time as an assistant county attorney responsible for litigation, he joined Lowndes and is currently chair of the firm’s multi-discipline Cybersecurity, Privacy & eDiscovery Group.

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 also currently serving as chair of the Orange County Bar Association Intellectual Property Committee.

Drew has argued to the United States Court of Appeal for the Eleventh Circuit, at the federal level, and the Fifth District Court of Appeal at the state level. He is admitted to The United States Supreme Court Bar, as well as the Florida, New York and District of Columbia Bars. He is admitted to practice before all federal district courts in Florida as well as the Southern District of New York.

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 a proud father of two sons who play basketball and soccer, make great grades and generally keep him very busy in his spare time.

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