California issues NPRM on its Delete Act to clarify terms

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On July 5, the California Privacy Protection Agency (CPPA) issued its NPRM to amend sections of the Delete Act. As covered by InfoBytes here, the Delete Act was signed into law in 2023 as SB 362 and transferred the administration and enforcement of the state’s Data Broker Registry from the Office of the Attorney General to the CPPA at the start of 2024. Proposed amendments to the Delete Act will include details about the registration fees, defined terms, and clarifying registration requirements and website disclosures. The CPPA stated the anticipated benefits of these proposed regulations are to provide transparency about the data collection industry and grant consumers more rights on how their data will be used.

On registration fees, the CPPA proposed a $400 fee plus any processing fees for electronic payments. Defined terms will include “minor,” “register,” “registration period,” and “reproductive health care data.” On requirements, the CPPA will clarify that each data broker business will be required to register uniquely. The CPPA will hold a virtual public hearing to facilitate oral or written statements on August 20. Oral statements will be presented at the hearing, while written comments must be submitted between now and the end of the public hearing.

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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