December 7, 2021

Volume XI, Number 341

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December 07, 2021

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December 06, 2021

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Senate Committee Blocks CCPA Bill to Expand Private Right of Action

The California Senate Appropriations Committee recently blocked a bill that would expand a private right of action under the California Consumer Privacy Act (CCPA). As we reported, in late February, California Attorney General Xavier Becerra and Senator Hannah-Beth Jackson introduced Senate Bill 561, legislation intended to strengthen and clarify the CCPA. Then in April, the Senate Judiciary Committee referred the bill to the Senate Appropriations Committee by a vote of 6-2.

If SB 561 became law, it would make a number of significant changes to the current law. In particular, SB 561 would significantly expand the scope of the private right of action presently written into the CCPA. The CCPA provides consumers a private right of action if their nonencrypted or nonredacted personal information is subject to an unauthorized access, exfiltration, theft, or disclosure because the covered business did not meet its duty to implement and maintain reasonable safeguards to protect that information. SB 561 proposed to broaden this provision to grant consumers a private right of action if their rights under the CCPA are violated.

This week, however, the Senate Appropriations Committee blocked the bill, which is likely to end its legislative process, at least for this year, as in order for a bill to advance in the legislature during 2019, it must pass at least one chamber by May 31.

The bill’s blockage is considered a win for businesses, as expansion of the private right of action would only increase what is already anticipated to be a flood of litigation once the CCPA takes effect.

Jackson Lewis P.C. © 2021National Law Review, Volume IX, Number 154
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About this Author

Principal

Joseph J. Lazzarotti is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. He founded and currently co-leads the firm's Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the International Association of Privacy Professionals. Trained as an employee benefits lawyer, focused on compliance, Joe also is a member of the firm’s Employee Benefits practice group.

In short, his practice focuses on the matrix of laws governing the privacy, security, and...

973- 538-6890
Jason C. Gavejian, Employment Attorney, Jackson Lewis, Principal, Restrictive Covenants Lawyer
Principal

Jason C. Gavejian is a Principal in the Morristown, New Jersey, office of Jackson Lewis P.C. and a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy Professionals.

Mr. Gavejian represents management exclusively in all aspects of employment litigation, including restrictive covenants, class-actions, harassment, retaliation, discrimination and wage and hour claims in both federal and state courts. Additionally, Mr. Gavejian regularly appears before administrative agencies,...

(973) 538-6890
Attorney

Maya Atrakchi is the Knowledge Management (“KM”) Attorney for Jackson Lewis P.C.’s Privacy, e-Communication and Data Security and International Employment Issues Practice Groups, and is based in the New York City, New York, office of Jackson Lewis P.C.

212-545-4000
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