California Consumer Privacy Act (CCPA)

California Attorney General Xavier Becerra announced yesterday that the California Department of Justice will hold a series of six public forums on the California Consumer Privacy Act (CCPA).  The hearings will take place during January and February of this year and will give the public an initial opportunity to comment on the requirements set forth by the CCPA and the regulations the Attorney General must adopt on or before July 1, 2020.

The CCPA was passed in June of this year, and gives California residents specific privacy rights related to their online activities. Starting January 1, 2020, businesses will be required to comply with a number of provisions including requirements to disclose data collection and sharing practices to consumers, grant consumers a right to request deletion of their data, grant consumers a right to opt out of the sale of their personal information, and a prohibition on selling personal information of consumers under the age of 16 without explicit consent.

The CCPA requires the Attorney General to “solicit broad public participation” and adopt regulations regarding issues such as the definition of personal information, considering changes in technology and data collection practices, procedures for how a consumer can submit a request to opt out of the sale of his or her personal information, and procedures for businesses to determine whether a consumer’s request for information is verifiable.

The Attorney General’s announcement is particularly important because CCPA enforcement will not begin until six months after the promulgation of these regulations, or July 1, 2020, whichever is sooner.  These public forums indicate that Attorney General Becerra’s office is taking steps to adopt these rules, meaning CCPA enforcement may come sooner rather than later.

These hearings will serve as the first public forum in which businesses and members of the public can voice their thoughts or concerns about the required regulations. Members of the public who would like to speak at the forums can, but are not required to, register online. Comments may also be submitted via mail or email. A full schedule of the forums can be found here.

Kelley Drye is happy to assist if your business is considering whether to submit comments concerning the CCPA regulations or enforcement.  These forums present a critical opportunity for any stakeholder interested in California privacy law and enforcement to have their voices heard.  For more information on the CCPA and how it may affect your business, please visit our past blog posts here and here.