California Issues Third Round of Proposed CCPA Modifications

Comments on the proposed modifications on the collection of consumers’ personal information, among other topics, are due Oct. 28.

10/12/2020 1:00 PM

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California Issues Third Round of Proposed CCPA Modifications

The California Department of Justice has released a third set of proposed modifications to the regulations regarding the California Consumer Privacy Act (CCPA) that went into effect on Aug. 14, 2020.

The modifications to the CCPA proposed regulations are based on comments received in February and March and are now open for comment through Oct. 28, 2020.

Text of the CCPA and the changes in the modifications compared to the last version may be viewed on the California attorney general’s website for the CCPA.

The California attorney general became authorized to enforce the law on July 1, 2020, and the California Office of Administrative Law approved regulations implementing the CCPA effective immediately on Aug. 14, 2020, ACA previously reported.

The Department of Justice first published and gave notice of the proposed regulations for public comment on Oct. 11, 2019. On Feb. 10, 2020, and March 11, 2020, the department gave notice of modifications to the proposed regulations, based on comments received during the relevant comment periods. 

The modifications are indicated by bold blue underline for proposed additions and red strikeout text for proposed deletions to the regulations that became effective on Aug. 14, 2020. 

This third set of modifications includes the following changes: 

  • Proposed section 999.306, subd. (b)(3), provides examples of how businesses that collect personal information in the course of interacting with consumers offline can provide the notice of right to opt-out of the sale of personal information through an offline method.
  • Proposed section 999.315, subd. (h), provides guidance on how a business’s methods for submitting requests to opt-out should be easy and require minimal steps. It provides illustrative examples of methods designed with the purpose or substantial effect of subverting or impairing a consumer’s choice to opt-out.
  • Proposed section 999.326, subd. (a), clarifies the proof that a business may require an authorized agent to provide, as well as what the business may require a consumer to do to verify their request.
  • Proposed section 999.332, subd. (a), clarifies that businesses subject to either section 999.330, section 999.331, or both of these sections are required to include a description of the processes set forth in those sections in their privacy policies.

The department will accept written comments regarding the proposed changes between Oct. 13, 2020, and Oct. 28, 2020. The department asks for comments only on the additions or deletions to the CCPA indicated in bold blue underline or red strikeout text. All written comments on the underlined changes must be submitted to the department no later than 5 p.m. on Oct. 28, 2020, by email to PrivacyRegulations@doj.ca.gov, or by mail to the address listed below:

Lisa B. Kim, Privacy Regulations Coordinator

California Office of the Attorney General

300 South Spring Street, First Floor

Los Angeles, CA 90013

All timely comments received that are relevant to the third set of proposed modifications indicated in blue bold underline and red strikeout format will be reviewed and responded to by the department’s staff as part of the compilation of the rulemaking file.

For more information on the CCPA, listen our latest episode of ACA Cast and read this month’s Collector magazine feature on how to determine if you need to comply with the CCPA.


Follow ACA International on Twitter @ACAIntl and @acacollector, Facebook and request to join our LinkedIn group for news and event updates. ACA International members are welcome to submit news items for possible publication to comm@acainternational.org. Visit our publications page for news submission guidelines and subscriptions to ACA Daily, Collector magazine and Pulse.

Advertising is available for companies wishing to promote their products or services. Be sure to visit the ACA Events Calendar on the Education and Training page to view our listing of upcoming CORE Curriculum and Hot Topic seminars featuring critical educational opportunities for your company.


Subscribe to ACA Daily NEWSROOM

California Issues Third Round of Proposed CCPA Modifications

The California Department of Justice has released a third set of proposed modifications to the regulations regarding the California Consumer Privacy Act (CCPA) that went into effect on Aug. 14, 2020.

The modifications to the CCPA proposed regulations are based on comments received in February and March and are now open for comment through Oct. 28, 2020.

Text of the CCPA and the changes in the modifications compared to the last version may be viewed on the California attorney general’s website for the CCPA.

The California attorney general became authorized to enforce the law on July 1, 2020, and the California Office of Administrative Law approved regulations implementing the CCPA effective immediately on Aug. 14, 2020, ACA previously reported.

The Department of Justice first published and gave notice of the proposed regulations for public comment on Oct. 11, 2019. On Feb. 10, 2020, and March 11, 2020, the department gave notice of modifications to the proposed regulations, based on comments received during the relevant comment periods. 

The modifications are indicated by bold blue underline for proposed additions and red strikeout text for proposed deletions to the regulations that became effective on Aug. 14, 2020. 

This third set of modifications includes the following changes: 

  • Proposed section 999.306, subd. (b)(3), provides examples of how businesses that collect personal information in the course of interacting with consumers offline can provide the notice of right to opt-out of the sale of personal information through an offline method.
  • Proposed section 999.315, subd. (h), provides guidance on how a business’s methods for submitting requests to opt-out should be easy and require minimal steps. It provides illustrative examples of methods designed with the purpose or substantial effect of subverting or impairing a consumer’s choice to opt-out.
  • Proposed section 999.326, subd. (a), clarifies the proof that a business may require an authorized agent to provide, as well as what the business may require a consumer to do to verify their request.
  • Proposed section 999.332, subd. (a), clarifies that businesses subject to either section 999.330, section 999.331, or both of these sections are required to include a description of the processes set forth in those sections in their privacy policies.

The department will accept written comments regarding the proposed changes between Oct. 13, 2020, and Oct. 28, 2020. The department asks for comments only on the additions or deletions to the CCPA indicated in bold blue underline or red strikeout text. All written comments on the underlined changes must be submitted to the department no later than 5 p.m. on Oct. 28, 2020, by email to PrivacyRegulations@doj.ca.gov, or by mail to the address listed below:

Lisa B. Kim, Privacy Regulations Coordinator

California Office of the Attorney General

300 South Spring Street, First Floor

Los Angeles, CA 90013

All timely comments received that are relevant to the third set of proposed modifications indicated in blue bold underline and red strikeout format will be reviewed and responded to by the department’s staff as part of the compilation of the rulemaking file.

For more information on the CCPA, listen our latest episode of ACA Cast and read this month’s Collector magazine feature on how to determine if you need to comply with the CCPA.


Follow ACA International on Twitter @ACAIntl and @acacollector, Facebook and request to join our LinkedIn group for news and event updates. ACA International members are welcome to submit news items for possible publication to comm@acainternational.org. Visit our publications page for news submission guidelines and subscriptions to ACA Daily, Collector magazine and Pulse.

Advertising is available for companies wishing to promote their products or services. Be sure to visit the ACA Events Calendar on the Education and Training page to view our listing of upcoming CORE Curriculum and Hot Topic seminars featuring critical educational opportunities for your company.


Subscribe to ACA Daily NEWSROOM

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