California Consumer Privacy Act

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Conceptual image about how a laptop computer with internet open a virtual door to worldwide information sharing.Keypoint: 2020 promises to be another ground-breaking year in privacy and cybersecurity law in the United States.

2019 was an exciting year in privacy and cybersecurity law. In the United States, the California Consumer Privacy Act (CCPA) was the most significant story, but there also were developments in states such as New York and Nevada. Numerous other states also considered consumer privacy legislation, and federal lawmakers even jumped into the fray, proposing a variety of bills and regulations. Overseas, GDPR garnered the most headlines of course, but other countries, such as Brazil, also made news.

But 2019 was just the start. There is no doubt that privacy and cybersecurity law is undergoing a fundamental change in the United States. If nothing else, the legal landscape of privacy law in the United States promises to look very different by the end of the year.

Below we discuss what we anticipate will be the biggest stories in 2020 and beyond.

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Conceptual image about how a laptop computer with internet open a virtual door to worldwide information sharing.Keypoint: Those hoping that the final CCPA regulations will clarify its requirements may be disappointed. 

According to an article in Bloomberg Law, California Attorney General Becerra does not anticipate his office making substantial changes to the regulations as proposed when it issues the final regulations.

The AG’s office published the proposed regulations on October…

With less than 60 days until the California Consumer Privacy Act (CCPA) goes into effect, businesses need to aggressively focus their compliance efforts. Although each organization will face unique compliance challenges, all businesses need to tackle a discrete set of tasks – at a minimum – to comply by January 1, 2020.

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Conceptual image about how a laptop computer with internet open a virtual door to worldwide information sharing.Saturday, November 2, will mark 60 days until the California Consumer Privacy Act (CCPA) goes into effect. While each organization will have its unique compliance challenges, as discussed below, there are a discrete set of tasks – at a minimum – that each organization needs to undertake in the next 60 days as the first steps toward compliance.

In addition, on November 13, members of Husch Blackwell’s privacy and cybersecurity practice group will present a webinar to discuss these tasks in greater detail.  For more information or to register, click here.

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Conceptual image about how a laptop computer with internet open a virtual door to worldwide information sharing.Keypoint: The long-awaited proposed AG regulations are here, and while they provide some much-needed clarity, they will leave businesses wanting more.

On October 10, 2019, the California Attorney General’s office published its long-awaited proposed CCPA regulations. The AG’s office also announced that it will hold public hearings on the regulations on December 2, 3, 4 and 5, 2019, and that the written comment period will end on December 6, 2019, at 5:00 p.m.

In the following blog post, we will analyze and discuss many of these proposed regulations. In addition, members of Husch Blackwell’s privacy and data security practice group will host a webinar on Tuesday, October 15, from 12:00-1:30 p.m. CT, to analyze the proposed regulations.  Click here to register.

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Conceptual image about how a laptop computer with internet open a virtual door to worldwide information sharing.We previously posted that Alastair Mactaggart, one of the co-authors of the California Consumer Privacy Act (CCPA), intended to submit a new ballot initiative to strengthen the privacy rights that already exist in the CCPA. The full text of the ballot measure – which is entitled the California Consumer Privacy Rights and Enforcement Act of 2020 – is now available on the California Attorney General’s website.  There also is an annotated version of the initiative available here.

While Mactaggart’s press release identified a few of the proposed changes, our initial review of the initiative is that it would bring about a substantial rewrite of the CCPA.  While there is a lot to unpack in this initiative, here are our initial highlights:

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Conceptual image about how a laptop computer with internet open a virtual door to worldwide information sharing.Keypoint: The California Attorney General’s office is on track to publish draft CCPA regulations in October and final regulations by year end. Although the exact contours of the regulations are yet to be determined, businesses subject to the CCPA will need to understand the regulations and integrate their requirements into their CCPA compliance efforts.

The final piece of the CCPA puzzle should be in place by year end. According to Bloomberg Law, the California Attorney General’s office is on track to publish draft CCPA regulations in October and final regulations by the CCPA’s January 1, 2020, effective date. That report is in line with prior expectations that the AG’s office would publish draft regulations shortly after the California Governor’s October 13 deadline to sign the CCPA amendments that passed the legislature on September 13.

Although the CCPA becomes effective on January 1, 2020, the AG’s office cannot bring an enforcement action “until six months after the publication of final regulations . . . or July 1, 2020, whichever is sooner.” Therefore, it appears the AG’s office could potentially be poised to start enforcement actions prior to July 1, 2020.

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Conceptual image about how a laptop computer with internet open a virtual door to worldwide information sharing.September 13 was the final day for the California legislature to pass bills amending the California Consumer Privacy Act (CCPA) prior to its January 1, 2020, effective date. After months of speculation and anticipation, we finally have clarity (subject to the Governor’s approval) on the CCPA’s provisions.

Although there were changes – and both business and privacy advocates are claiming victories – the CCPA did not undergo a dramatic change. For businesses, the most notable changes are the addition of limited exemptions for the personal information of employees and business to business contacts as well as changes to the definition of personal information. On the other hand, privacy advocates will point to what did not change, namely, the CCPA retained its core privacy rights.

Below we discuss the changes.

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