Keypoint: California legislators introduced eight bills to amend or supplement the CPRA, including AB2891 that seeks to extend the employee and business-to-business exemptions, and AB2871 that seeks to make those exemptions indefinite.

Last week, California lawmakers proposed eight bills to amend or supplement the California Privacy Rights Act (CPRA).

AB2871 and AB2891, both filed by Assembly Member Low on February 18, 2022, would extend the employee and business-to-business exemptions either indefinitely (AB2871) or until January 1, 2026 (AB2891). Both exemptions are currently set to sunset on January 1, 2023. The filing of these bills was first reported by Jennifer Ruehr. Whether either of these bills has a chance at passing remains to be seen.

On February 17, 2022, Assembly Member Gabriel, filed AB2486, which would create the Office for the Protection of Children Online in the California Privacy Protection Agency. The Office would “ensur[e] that digital media available to children in this state are designed, provided, and accessed in a manner that duly protects the privacy, civil liberties, and mental and physical well being of children.” A day earlier, Assembly Members Wicks and Cunningham introduced AB2273, the California Age Appropriate Design Act. More details about that bill can be found here.

SB1172, filed by Senator Pan, would add § 1798.101 to the CPRA and “prohibit a business providing proctoring services in an educational setting from collecting, retaining, using, or disclosing personal information except to the extent necessary to provide those proctoring services.” The law would be enforceable through a private right of action with statutory damages of the greater of $1,000 per consumer per incident or actual damages as well as attorneys’ fees, costs and expert witness fees.

Finally, three bills (SB1388, SB1454, and SB1395) would make minor grammatical changes to the CPRA. Those bills may also serve as vehicles for future proposals to amend the CPRA.

According to the calendars from both houses (here and here), the deadline to introduce bills was Friday, February 18, which explains the flurry of activity at the end of last week. The calendars also indicate that May 27 is the final day for each house to pass bills introduced in that house, August 25 is the last day to amend bills on the floor, and August 31 is the last day for each house to pass bills.

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