Friday, 10 July 2020

State attorney general submits proposed regulations for approval under California Consumer Privacy Act

SACRAMENTO – California Attorney General Xavier Becerra submitted proposed regulations under the California Consumer Privacy Act to the California Office of Administrative Law.

The regulations will provide guidance to businesses on how to comply with the California Consumer Privacy Act, or CCPA, and will enable consumers to exercise new rights over their personal information.

Under Executive Order N-40-20 related to the COVID-19 pandemic, the California Office of Administrative Law, or OAL, has 30 working days and an additional 60 calendar days to determine whether the regulations satisfy the procedural requirements of the Administrative Procedure Act.

Once approved by the OAL, the regulation text will be filed with the secretary of state and become enforceable by law.

“As our lives increasingly move online, our data privacy becomes more important than ever. The California Consumer Privacy Act, which gives consumers choice and control over personal information in the marketplace, is game-changing and historic,” said Attorney General Becerra. “Our regulations provide businesses and individuals with guidance on how to protect that choice and boost transparency, while continuing to unleash innovation. Businesses have had since January 1 to comply with the law, and we are committed to enforcing it starting July 1.”

CCPA was signed into law on June 28, 2018, and was further amended on Sept. 23, 2018, by SB 1121 and on Oct. 11, 2019, by AB 25, AB 874, AB 1146, AB 1355 and AB 1564.

The law went into effect on Jan. 1, 2020.

CCPA grants California consumers robust data privacy rights and control over their personal information including the right to know, the right to delete, and the right to opt-out of the sale of personal information that businesses collect, and includes additional protections for minors.

The regulations establish procedures for compliance and exercise of rights, as well as clarifying important transparency and accountability mechanisms for businesses subject to the law.

The attorney general can enforce the CCPA beginning on July 1, 2020.

The regulations were drafted after a broad and inclusive preliminary rulemaking process, which included seven public forums, during which the office received over 300 letters.

During the formal rulemaking process, Attorney General Becerra held four public hearings throughout the state, along with a 45-day comment period and two subsequent 15-day comment periods.

These comment periods resulted in the submission of over 1,000 public comments, each of which were taken into consideration when drafting the final regulations.

A copy of the rulemaking package submitted to OAL, including a text of the regulations, can be found here.

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