There were two major developments within California privacy law in May:
California Privacy Rights Act of 2020 (CPRA) on the ballot for November
Californians for Consumer Privacy (the group that launched the ballot initiative resulting in passage of the California Consumer Privacy Act (CCPA)) announced it had collected enough signatures to put a new initiative on the ballot in California this November.
The proposed measures would amend the CCPA to create new and expanded GDPR-like rights for California residents, including the right for consumers to ask businesses to correct or delete their personal information, alongside increased fines for children’s privacy violations and the establishment of an enforcement agency (amongst other things).
You can read the proposed amendments here: https://iapp.org/media/pdf/resource_center/ca_priv…
California AG not likely to enforce the CCPA until October 1, 2020
The California Attorney-General has not yet submitted the final CCPA regulations to the state Office of Administrative Law for final review. Unless they seek an emergency review today (which is unlikely), the regulations won’t be ready in time for a July 1, 2020 enforcement date.
This means that enforcement of the CCPA may not begin until October 1, 2020 and companies may not have any clarity on the final regulations until the fall.
You can read the proposed regulations here: https://oag.ca.gov/privacy/ccpa.
When coupled with the likely later adoption of the CPRA, the result is that the uncertainty businesses are facing regarding their compliance strategies and policies will continue into the future.
As always, please reach out with any questions. We’ll speak to you soon.
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