Off to the Races: Comment Period for CPRA Proposed Regulations Begins

On Friday, July 8th, the California Privacy Protection Agency (CalPPA) began the formal rulemaking process to adopt proposed regulations to implement California Privacy Rights Act (CPRA) amendments to the California Consumer Privacy Act (CCPA).  The initial written comment period will end on August 23, 2022 at 5:00 pm Pacific Time.  To cap off the initial comment period, CalPPA will hold a public hearing on August 24th and 25th, during which the agency will accept oral comments and then close the first comment period.

The rulemaking process will take some time. Indeed, it is possible this initial rulemaking round will not be complete until after Thanksgiving.  Revisions to the first draft are expected through likely multiple notice and comment rounds, in addition to deliberations by the CalPPA Board in noticed public meetings. Moreover, once the agency process is complete, the Office of Administrative Law (OAL) will review the proposed regulations to ensure they are consistent with the statute.

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California AG’s First Formal CCPA Opinion Directs Businesses to Disclose Internally-Generated Inferences and Expresses Skepticism Around Trade Secret Claims

In its first formal opinion interpreting the California Consumer Privacy Act (the “Opinion”), the California Attorney General (OAG) has expansively interpreted CCPA to mean that inferences created internally by a business, including those based on data that is not included in the definition of personal information, constitute “specific pieces” of personal information “collected by a business” which must be produced to consumers upon request.  The Opinion, which was issued on March 10, 2022 in response to a request for clarification submitted by Assemblyman Kevin Kiley, also addressed arguments that such inferences could constitute trade secrets and signaled the OAG’s unwillingness to accept “blanket assertions” that inferences constitute trade secrets or proprietary information, requiring instead that businesses explain why an inference constitutes a trade secret with greater particularity.  We highlight below some of the more instructive elements of the opinion that provide insight into potential future enforcement. (more…)

California Privacy Agency: CPRA Regs Not Likely Until Late 2022

Final regulations implementing the California Privacy Rights Act (CPRA) may not be issued until Q3 or Q4 2022, as reported by Executive Director Soltani of the California Privacy Protection Agency (“CalPPA”) at its February 17th Board meeting.  This means that businesses subject to CPRA will not have regulatory guidance on how to implement the CPRA until just months, or possibly weeks, before the law goes into effect on January 1, 2023, assuming the regulations are finalized before the effective date.  This is a significant departure from the CPRA’s stated timeline of July 1, 2022 for the adoption of final regulations.  While enforcement under CPRA cannot begin until July 1, 2023, and at that time enforcement can only address violations alleged to have occurred on or after that date, businesses are not well-served by the prospect of implementing the significant regulations required by the CPRA in half the statutorily allotted time. (more…)

CPRA Law + Tech Series

WEBINAR

Sidley Senior Managing Associate Sheri Porath Rockwell (Chair, California Lawyers Association Privacy Law Section) and Stacey Gray, Director of Legislative Research & Analysis at the Future of Privacy Forum, will be leading a multi-session webinar series, CPRA Law + Tech, that focuses on the technologies and data practices at the heart of emerging state privacy legislation, including the California Privacy Rights Act (CPRA). (more…)

5 Global Data Protection Trends To Watch In 2022

*This article was first published by Law360 on January 3, 2022.

A recent discussion with Elizabeth Denham and Claudia Berg of the U.K. Information Commissioner’s Office provided ample food for thought on the direction in which data protection regulation both in the U.K. and internationally is headed, including key trends to watch for in data protection.

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All Buttoned Up: The California AG Proposes Additional CCPA Regulations

On December 10, 2020, the California Attorney General (“AG”) proposed additional edits to the CCPA Regulations. These changes both build upon the updates that were proposed on October 12, 2020, and add some new content. All of the newly proposed changes relate to the right to opt-out of the sale of personal information.

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