February 1, 2023

Volume XIII, Number 32

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January 31, 2023

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January 30, 2023

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Potential Rulemaking on the Horizon: CPPA Board Announces February Public Meeting

The California Privacy Protection Agency Board (“Board”) announced it will hold a public meeting on February 3, 2023. The posted meeting agenda shows the potential for rulemaking activity during the Board’s first meeting of 2023. Specifically, the agenda items include: “Discussion and Possible Action Regarding Proposed Regulations, Sections 7000–7304, to Implement, Interpret, and Make Specific the California Consumer Privacy Act of 2018, as Amended by the California” and “Preliminary Rulemaking Activities for New Rules on Risk Assessments, Cybersecurity Audits, and Automated Decision-Making.” The full agenda is available here.

Last year, the Board published the first draft of the proposed CPRA Regs and initial statement of reasons in May 2022, and a Modified Text of Proposed Regulations in October 2022. A 15-day public comment period followed the publication of the modified text, which closed on November 21, 2022. Public comments to the proposed regs are available here. The proposed CPRA regs (including the modified text) now need to be formally approved by the Board, after which staff will prepare a final package that includes the Final Statement of Reasons and responses to all public comments for submission to the Office of Administrative Law (“OAL”). Once approved by the OAL, the regulations will become final. However, if the Board votes on further edits to the proposed regulations (for example, based on public comments received during the 15-day public comment period), that will start a new public comment period, which will delay submission of a final package to the OAL, and ultimately delay finalizing the proposed regs.

Whether the Board adopts the draft CPRA regs or takes any other substantive action to move the implementing regulations forward at the upcoming meeting remains to be seen.

© Copyright 2023 Squire Patton Boggs (US) LLPNational Law Review, Volume XIII, Number 24
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About this Author

Alan L. Friel Data Privacy & Cybersecurity Attorney Squire Patton Boggs Los Angeles, CA
Partner

Alan Friel is the deputy chair of the firm’s Data Privacy & Cybersecurity Practice.

Alan is a thought leader in digital media, intellectual property, and privacy and consumer protection law, with three decades of relevant experience to address the intersection of law and technology.

Prior to joining the firm, Alan was a partner at a US law firm, where he led the US Consumer Privacy practice (in which he counseled clients on compliance with the California Consumer Privacy Act (CCPA) and other data privacy regimes), and the retail, restaurant and e-commerce industry...

213-689-6518
Elizabeth A. Spencer Berthiaume Attorney Cybersecurity Squire Patton Boggs Dallas
Associate

Elizabeth Spencer Berthiaume is an associate in the Data Privacy, Cybersecurity & Digital Assets Practice. She focuses her practice on data privacy and protection, cybersecurity and data breach preparedness and response.

214-758-3448
Gicel Tomimbang Los Angeles California Associate Attorney Data Privacy Cybersecurity Squire Patton Boggs LLP
Associate

Gicel Tomimbang is an associate in the Data Privacy, Cybersecurity & Digital Assets Practice.

A significant portion of Gicel’s practice focuses on the intersection of healthcare with privacy. Clients frequently turn to her for advice and counsel on complex issues that arise under the Health Insurance Portability and Accountability Act (HIPAA), the Confidentiality of Medical Information Act (CMIA), the California Consumer Privacy Act (CCPA), the FTC Act and the FTC Health Breach Notification Rule.

Gicel previously...

213-689-6543
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