The California Privacy Protection Agency (“CPPA”) held two informational hearings on March 29, 2022 and March 30, 2022, in anticipation of its upcoming rulemaking later this year.  While the CPPA Board was present throughout the hearings, its members did not present any views as part of the program.  The speakers covered the following topics of note:

  • Opt-Out Preference Signals: Stacey Schesser (Supervising Deputy Attorney General, California Department of Justice) advocated heavily for the retention of the current California Consumer Privacy Act (“CCPA”) regulations addressing user-enabled global privacy controls.  Under the current regulations, 11 CCR § 999.315(c), a business that collects personal information from consumers online must treat user-enabled global privacy controls as a valid request to opt-out of the sale of personal information.  Schesser suggested that global privacy controls help operationalize the CCPA opt-out rights for consumers.  She also noted that the California Attorney General is currently actively enforcing the CCPA regulations on global privacy controls, and referred to the Attorney General’s published enforcement case examples that included a business that failed to process opt-out requests submitted via a browser extension that signaled the global privacy control.
  • Opt-Out of Sharing: Lisa Kim (Deputy Attorney General, California Department of Justice) suggested that the California Privacy Rights Act (“CPRA”) right to opt-out of sharing for cross-context behavioral advertising applies to real-time bidding in advertising auctions.  She suggested that businesses must give consumers the right to opt-out of these auctions.
  • Right to Know: Kim also discussed the right to know under the CCPA and CPRA.  During this discussion, she used the example of a website link with which a consumer has interacted as a “specific piece of information” under the statute.  She did not address, however, how this reading of the statute relates to the CPRA’s instruction to the CPPA in § 1798.185(a)(14) to define this term “with the goal of maximizing a consumer’s right to access relevant personal information while minimizing the delivery of information to a consumer that would not be useful to the consumer, including system log information and other technical data.”
  • Dark Patterns: Jennifer King (Privacy and Data Policy Fellow, Stanford Institute for Human-Centered Artificial Intelligence, Stanford University) referred to the use of toggle switches for CCPA Do Not Sell requests as a so-called “dark pattern.”  Notably, she also acknowledged that rules on such user interfaces are confined in the CPRA to consent interfaces.
  • Privacy Risk Assessments: Gwendal LeGrand (Head of Activity for Enforcement Support and Coordination, European Data Protection Board) described the requirements for privacy risk assessments under the General Data Protection Regulation (“GDPR”).

The CPPA next intends to hold hearings in April.  Members of the public can indicate interest in speaking at these hearings through this Stakeholder Session Request Form.  This sign-up form will remain open until two weeks before the hearings, for which dates have not yet been set.

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Photo of Lindsey Tonsager Lindsey Tonsager

Lindsey Tonsager helps national and multinational clients in a broad range of industries anticipate and effectively evaluate legal and reputational risks under federal and state data privacy and communications laws.

In addition to assisting clients engage strategically with the Federal Trade Commission, the…

Lindsey Tonsager helps national and multinational clients in a broad range of industries anticipate and effectively evaluate legal and reputational risks under federal and state data privacy and communications laws.

In addition to assisting clients engage strategically with the Federal Trade Commission, the U.S. Congress, and other federal and state regulators on a proactive basis, she has experience helping clients respond to informal investigations and enforcement actions, including by self-regulatory bodies such as the Digital Advertising Alliance and Children’s Advertising Review Unit.

Ms. Tonsager’s practice focuses on helping clients launch new products and services that implicate the laws governing the use of endorsements and testimonials in advertising and social media, the collection of personal information from children and students online, behavioral advertising, e-mail marketing, artificial intelligence the processing of “big data” in the Internet of Things, spectrum policy, online accessibility, compulsory copyright licensing, telecommunications and new technologies.

Ms. Tonsager also conducts privacy and data security diligence in complex corporate transactions and negotiates agreements with third-party service providers to ensure that robust protections are in place to avoid unauthorized access, use, or disclosure of customer data and other types of confidential information. She regularly assists clients in developing clear privacy disclosures and policies―including website and mobile app disclosures, terms of use, and internal social media and privacy-by-design programs.

Photo of Libbie Canter Libbie Canter

Libbie Canter represents a wide variety of multinational companies on privacy, cyber security, and technology transaction issues, including helping clients with their most complex privacy challenges and the development of governance frameworks and processes to comply with global privacy laws. She routinely supports…

Libbie Canter represents a wide variety of multinational companies on privacy, cyber security, and technology transaction issues, including helping clients with their most complex privacy challenges and the development of governance frameworks and processes to comply with global privacy laws. She routinely supports clients on their efforts to launch new products and services involving emerging technologies, and she has assisted dozens of clients with their efforts to prepare for and comply with federal and state privacy laws, including the California Consumer Privacy Act and California Privacy Rights Act.

Libbie represents clients across industries, but she also has deep expertise in advising clients in highly-regulated sectors, including financial services and digital health companies. She counsels these companies — and their technology and advertising partners — on how to address legacy regulatory issues and the cutting edge issues that have emerged with industry innovations and data collaborations.