September 25, 2020

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September 25, 2020

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September 23, 2020

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Californians Will Vote on Whether to Expand the State’s Consumer Privacy Act

In November, California residents will vote on a proposal to augment California’s Consumer Privacy Act (CCPA), which took effect in January 2020. The Secretary of State Alex Padilla confirmed that the advocacy group, Californians for Consumer Privacy, had acquired enough signatures to make its proposed California Privacy Rights Act (CPRA) a ballot initiative later this year.

The CPRA proposes to amend the CCPA by altering current language, and adding a host of new requirements like allowing users to elect whether to share financial, health-related and geolocation data, trebling fines for the illegal collection and sale of data from children less than 16 years old, and forming a new state oversight agency that would be charged with enforcement. The amendments would greatly expand current CCPA, as well as align California’s online privacy regime more closely with those in effect throughout the European Union.

CCPA

Meanwhile, on June 1, 2020, the Office of the California Attorney General submitted the final proposed regulations package under the CCPA to the California Office of Administrative Law (OAL).  OAL has 30 working days, plus an additional 60 calendar days under Executive Order N-40-20 related to the COVID-19 pandemic, to review the package for procedural compliance with the Administrative Procedure Act. Once approved by the OAL, the final regulation text will be filed with the Secretary of State and become enforceable by law. For more information, visit the the Attorney General’s web page dedicated to the act. 

© MoginRubin LLPNational Law Review, Volume X, Number 219

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