AG Becerra Announces Proposed CCPA Regulations

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Akin Gump Strauss Hauer & Feld LLP

Attorney General Becerra held a press conference on October 10th, 2019, and announced the release of proposed regulations concerning the California Consumer Privacy Act (CCPA). He stressed that privacy is an inalienable right in California. Attorney General Becerra noted that the CCPA and his Office’s proposed regulations were intended, in part, to help address the “rush to mine, use, and sell personal data” and to help preserve Californians’ right to privacy.

Attorney General Becerra’s release of the proposed rules kicked off a 45-day comment period. Anyone may share thoughts on the proposed regulations by submitting a written comment by mail or by email (privacyregulationds@doj.ca.gov). The Attorney General’s Office will also be collecting comments at five public hearings they will hold in the coming weeks. Comments must be submitted on or before December 6, 2019 at 5 p.m.

At the press conference, Attorney General Beccera highlighted four main areas his Office focused on in the regulations, including restoring choice, control, transparency and fostering innovation. He emphasized the need to understand what information a business collects about a user and why. Attorney General Becerra explained that the draft regulations have the following five key components:

  1. Explain how businesses would be required to notify consumers of their rights under CCPA either at or before the point of data collection;
  2. Address how businesses would handle consumer requests about their data;
  3. Clarify how businesses would verify consumers’ identities as they receive those information-related requests;
  4. Explain how businesses would  handle requests concerning information on behalf of children under the age of 16; and
  5. Lay out what businesses would need to do to avoid discriminating against consumers who choose not to allow their data to be collected or sold.

If finalized, Attorney General Becerra explained that the regulations would allow businesses an appropriate degree of flexibility in establishing processes and procedures for complying with the CCPA and responding to requests from consumers. He stressed that innovation should not come at the expense of privacy, noting that innovation is critical for advancing consumer privacy.

Akin Gump will be collecting and submitting client comments to the Attorney General.

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.

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