California Consumer Privacy Act (CCPA)

At its March 8, 2024 meeting, the Board of the California Privacy Protection Agency (“CPPA”) moved, by a 3-2 vote, to advance proposed regulations addressing automated decision-making technology (“ADMT”) and risk assessments for the processing of personal information.  Notably, the Board’s vote only allows staff to begin paperwork preliminary to a rulemaking; it did not actually initiate the formal rulemaking process.  At the meeting, the CPPA Staff clarified that the Board will need to re-review the draft rules for ADMT, privacy risk assessments, and cyber audits and vote again to initiate the rulemaking process.  The CPPA’s General Counsel Philip Laird said he expects the Board will vote to begin the formal rulemaking process for all three topics in July 2024, at the earliest.  Once formal rulemaking begins, the Board has one year to finalize the regulations, per California’s Administrative Procedure Act.Continue Reading California Privacy Protection Agency Takes Next Step on New Automated Decision-Making Regulations and Privacy Risk Assessments

On February 9, the Third Appellate District of California vacated a trial court’s decision that held that enforcement of the California Privacy Protection Agency’s (“CPPA”) regulations could not commence until one year after the finalized date of the regulations.  As we previously explained, the Superior Court’s order prevented the CPPA from enforcing the regulations

At its December 8 board meeting, the California Privacy Protection Agency (“CPPA”) voted to advance a legislative proposal that would require vendors of web browsers to include a feature that would allow consumers to exercise data subject rights through opt-out preference signals.  Regulations promulgated under the California Consumer Privacy Act, as amended by the California

Ahead of its December 8 board meeting, the California Privacy Protection Agency (CPPA) has issued draft “automated decisionmaking technology” (ADMT) regulations.  The CPPA has yet to initiate the formal rulemaking process and has stated that it expects to begin formal rulemaking next year.  Accordingly, the draft ADMT regulations are subject to change.  Below are the key takeaways:Continue Reading CPPA Releases Draft Automated Decisionmaking Technology Regulations

Ahead of its September 8 board meeting, the California Privacy Protection Agency (CPPA) has issued draft regulations on cybersecurity audits and risk assessments.  Public comments will be requested once the formal rulemaking process is kicked off.  Accordingly, the draft regulations are subject to change.  Below are the key takeaways:

Cybersecurity Audits

  • New cybersecurity audit

On June 30, 2023, a Superior Court of California (County of Sacramento, case number 34-2023-80004106-CU-WM-GDS) held that enforcement of the California Privacy Protection Agency’s (“CPPA”) regulations cannot commence until one year after the finalized date of the regulations.  However, the court declined to delay the CPPA’s ability to enforce violations of the underlying ballot initiative.

Last night, the California Privacy Protection Agency (CPPA) published agenda materials for its upcoming meeting on February 3, 2023.  The materials include:

  • Proposed final draft regulations implementing the California Privacy Rights Act (CPRA).  These do not reflect further changes since the draft regulations that the CPPA put out for a 15-day comment period on November

On August 24, 2022, the California Office of Attorney General (OAG) published a summary of 13 CCPA investigations, “illustrative” of situations in which notices of alleged noncompliance were sent and remedial measures were implemented.  Note that the CCPA’s mandatory notice-and-cure period will expire on January 1, 2023.  Following that, the California Privacy Protection Agency will have the discretion to grant cure periods.Continue Reading California’s Office of the Attorney General Posts 13 New CCPA Investigations

Today, the California Attorney General announced the first settlement agreement under the California Consumer Privacy Act (“CCPA”).  The Attorney General alleged that online retailer Sephora, Inc. failed to disclose to consumers that it was selling their information and failed to process user requests to opt out of sale via user-enabled global privacy controls.  The Attorney General also alleged that Sephora did not cure these violations within the cure period. Continue Reading California Attorney General Announces First CCPA Settlement