California Consumer Privacy Act: Takeaways from Final California Attorney General Forum
The attorney general is now developing draft regulations to provide compliance guidelines under the CCPA, which takes effect Jan. 1, 2020.
3/13/2019 8:00 AM
The California Attorney General’s Office recently concluded public forums on the California Consumer Privacy Act (CCPA) as it prepares to enact the law while considering stakeholders’ feedback.
Washington, D.C.-based ACA International member company Holland & Knight, which also has offices in California, provided a summary of the final forum held March 5.
The CCPA, which takes effect Jan. 1, 2020, requires companies to tell consumers―upon request―what personal data they possess, why they have the data and if third parties have access to it, ACA International previously reported. Consumers may ask companies to delete their personal data and request that they do not sell it.
The state’s attorney general is developing regulations to facilitate consumers’ rights under the CCPA and provide businesses with compliance guidelines.
According to Holland & Knight San Francisco-based partners John P. Kern and Ashley Lynn Shively, common themes during the forum included:
- The need for clarification of ambiguities and to eliminate gaps in the definitions of key terms in the law. “Others expressed concern that terms could not be accurately defined unless and until the [attorney general] obtained a deeper understanding of the realities of data transfers in digital ecosystems,” they said.
- Attendees at the forum encouraged the attorney general to use the rulemaking process to align the CCPA with the European Union’s General Data Protection Regulation.
- Enforcement authority should be assigned to local authorities “in order to fulfill the law’s enforcement mandate,” they said. “Relatedly, business representatives emphasized the need for time to come into compliance after the rulemaking process is complete. Absent recognition of this reality in the regulations, businesses reasonably fear a wave of consumer litigation [in] January, as private actions are not subject to the July 2020 enforcement date applicable to government-filed actions.”
Kern and Shively report that the attorney general’s office expects to release its Notice of Proposed Regulatory Action by fall 2019. There will be another public comment process after the draft regulations are released.
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