California AG Seeks Input on CCPA

Advertising Law

Stakeholders have the chance to weigh in on the forthcoming regulations implementing the California Consumer Privacy Act (CCPA) at six public forums scheduled for January and February of this year.

Last summer, former Governor Jerry Brown signed into law Assembly Bill 375, creating the nation’s strictest consumer privacy and data protection measure.

The law applies to any for-profit entity doing business in California that (1) collects consumers’ personal information (PI) solely or jointly with others and (2) either (i) exceeds $25 million in annual gross revenues; (ii) annually transacts in the PI of 50,000 or more consumers, households or devices; or (iii) derives half or more of its annual revenues from PI sales.

“Personal information” is broadly defined to include biometrics, education information, Internet activity, geolocation, IP address and employment-related information, among many other data points.

The law tasked the California attorney general (AG) with creating and implementing regulations on issues such as definitions (addressing changes in technology, for example), exceptions (necessary for the law to coexist with other state or federal laws) and procedures (such as the submission of a request by a consumer to opt out of the sale of PI).

In August, the legislature amended the CCPA. The changes included shifting the deadline for the AG to issue regulations to July 1, 2020.

Initiating the process, AG Xavier Becerra announced that the Department of Justice would hold six public forums on the CCPA to provide “an initial opportunity” for the public to participate in the rule-making. He invited “all interested persons to provide comments” either in person or by submitting written remarks.

Gatherings have already taken place in San Francisco and San Diego; the remaining forums will be held in Riverside, Los Angeles, Sacramento and Fresno through February 13.

For the schedule of public forums and information on how to submit written comments, click here.

Why it matters: Stakeholders should take advantage of the opportunity to weigh in on the CCPA and the AG’s implementing regulations, either at one of the remaining public forums or by submitting written comments.