Last week, California Attorney General Xavier Becerra released to the public proposed regulations under the California Consumer Privacy Act (CCPA).
The CCPA provides consumers with new rights on the use of their personal information. The law mandates that on or before July 1, 2020, the Office of the Attorney General promulgate and adopt implementing regulations for the CCPA. The comment period regarding these proposed regulations has now begun.
The CCPA includes the following key requirements:
- Businesses must disclose data collection and sharing practices to consumers;
- Consumers have a right to request that their data be deleted;
- Consumers have a right to opt out of the sale or sharing of their personal information; and
- Businesses are prohibited from selling personal information of consumers under the age of 16 without explicit consent.
The proposed regulations are intended to operationalize the CCPA and provide practical guidance to consumers and businesses subject to the law. The regulations would address some of the open issues raised by the CCPA and would be subject to enforcement by the Department of Justice with remedies provided under the law. The proposed regulations were drafted after a broad and inclusive preliminary rulemaking process, which included seven public forums held throughout the state and a public comment period during which the office received over 300 written comments.
A copy of the California Consumer Privacy Act Proposed Regulations and other related documents can be found at www.oag.ca.gov/ccpa. A Fact Sheet is also attached to the electronic version of this release here.
As part of the regulatory process, the Attorney General’s Office is opening a public comment period on the proposed regulations, which will include four public hearings. Comments may be submitted to the Office of the Attorney General on or before 5:00 P.M. Pacific time on December 6, 2019. For more information about the CCPA and the Rulemaking Process, visit www.oag.ca.gov/ccpa.
The implementation of the CCPA will have important consequences for law firms and other businesses holding client information. We will watch the rulemaking process closely to ensure all Innovative clients are in compliance with this new law.