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California AG Proposes More Regs to Comply With CCPA

The Attorney General of California has issued revised proposed regulations to implement the California Consumer Privacy Act twice in the past seven days, which are open for comment until the end of the month.

The first set of revisions came on February 7, followed by the next set three days later. Final regulations are expected to be released later this Spring.

Among the new provisions proposed by Xavier Becerra, California’s Attorney General are:

  • Clarifying whether data qualifies as “Personal Information” depends on how it is maintained
  • Less detailed privacy notice requirements
  • Eliminated the notice at collection requirements for data brokers
  • Denied requests to delete do not become valid requests to opt out
  • Modifications to requirements relating to authorized agents
  • Expanded use of personal information by service providers

The provisions proposed by Becerra do not address all of the uncertainties regarding complying with the CCPA, but are being regarded as a “two steps forward, one step back” situation, according to a published report.

Becerra “should be applauded for taking into account the concerns of industry submitted as part of the first round of comments,” said Kim Phan, a partner at the law firm Ballard Spahr, according to a published report. “For a rulemaking this complex, a second round of comments is entirely appropriate and will help ensure that business can effectively deliver the new protections under the CCPA to consumers.”

The CCPA was enacted last year and went into effect on Jan. 1, 2020. The law gives individuals the right to ask for all of the personal information stored about them by companies for the preceding 12 months. It also gives consumers access to the information stored about them by companies and the right to request that information be deleted.

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