December 6, 2022

Volume XII, Number 340

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December 05, 2022

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California Assembly Introduces Bills to Extend CCPA/CPRA Exemptions for HR and B2B Data

On February 18, 2022, California Assembly Member Evan Low (D) introduced a pair of bills – AB 2871 and AB 2891 – that would extend the duration of the current exemptions in the California Consumer Privacy Act (“CCPA”) (as amended by the California Privacy Rights Act (“CPRA”)) for certain HR data and business-to-business (“B2B”) customer representative personnel data from most of the law’s requirements. The existing temporary “HR” and “B2B” exemptions were first introduced through amendments to the CCPA, and were extended by the CPRA, under which the exemptions will sunset on the CPRA’s compliance deadline, January 1, 2023.

AB 2871 would extend the HR and B2B exemptions indefinitely, while AB 2891 would extend the exemptions only until 2026.

If passed, the bills may face challenges under the California Constitution, given their legislative posture as amendments to a ballot initiative, which is the mechanism by which the CPRA was approved by California voters. In light of these considerations, AB 2871 and AB 2891 both state that the amendments “further the purpose and intent of the California Privacy Rights act of 2020, enacted by Proposition 24 at the November 3, 2020, statewide election, within the meaning of Section 25 of Proposition 24.”

The bills may be heard in committee on March 21, 2022.

Copyright © 2022, Hunton Andrews Kurth LLP. All Rights Reserved.National Law Review, Volume XII, Number 62
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About this Author

In today’s digital economy, companies face unprecedented challenges in managing privacy and cybersecurity risks associated with the collection, use and disclosure of personal information about their customers and employees. The complex framework of global legal requirements impacting the collection, use and disclosure of personal information makes it imperative that modern businesses have a sophisticated understanding of the issues if they want to effectively compete in today’s economy.

Hunton Andrews Kurth LLP’s privacy and cybersecurity practice helps companies manage data and...

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