California enacts amendments to California Consumer Privacy Act

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Constangy, Brooks, Smith & Prophete, LLP

California Gov. Gavin Newsom (D) has signed AB 947 and AB 1194 into law.

Under the California Consumer Privacy Act, the definition of “sensitive personal information” includes, among other things, a consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership. AB 947 amends the definition of “sensitive personal information” to add a consumer’s citizenship or immigration status.

Under the California Privacy Rights Act, which expanded consumer privacy protections provided by the CCPA and was approved by voters as Proposition 24 during the November 2020 statewide general election, consumers have the right to request businesses to delete personal information about the consumers, unless doing so would restrict the businesses’ ability to comply with federal, state, or local laws or to comply with a court order, subpoena, or government agency request for emergency access. AB 1194 clarifies that a business is required to comply with the privacy rights under the CCPA if a consumer’s personal information contains information related to reproductive health, including contraception, pregnancy, or abortion services. In relation to the government emergency access request exemption, AB 1194 further amends the text of the law to state that a consumer accessing, procuring or searching for reproductive health services does not constitute a natural person at risk or danger of death or serious physical injury.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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