Earlier this month the California Privacy Protection Agency (CPPA) held its inaugural public meeting.  The CPPA was created under Proposition 24, the California Privacy Rights Act (CPRA), which was approved by California voters on November 3, 2020.

At the meeting, the Board covered a variety of administrative matters.  While there was limited discussion of substantive issues, the Board made several decisions relevant to the rulemaking process.

Among these decisions, the Board created three subcommittees focused on rulemaking and regulations, public awareness and guidance, and startup and administration.  The subcommittee on rulemaking and regulation includes Board members Lydia de la Torre and Jennifer Urban, and it has been charged with advising the full Board on priorities and planning for the upcoming rulemaking.  Once the subcommittee has decided on priorities for the upcoming rulemaking (e.g., algorithmic bias, high-risk processing, audit requirements), it will also be responsible for recommending the formation of additional subcommittees to focus on certain identified priorities.

Additionally, the Board discussed staffing of key positions for the agency, including an Executive Director and General Counsel.  The Board plans to consider candidates for the Executive Director position at the next meeting.  The Board plans to hire an Executive Director before assuming rulemaking authority.

The Board elected not to provide notice to the Attorney General that it is prepared to assume rulemaking authority.  The time when the CPRA rulemaking authority transfers from the Attorney General to the Agency depends on when the Board provides notice to the Attorney General that it is prepared to assume rulemaking authority.  At this point, rulemaking authority will transfer from the Attorney General to the Agency six months after the Agency provides such notice.

Going forward, the Board plans to meet on a monthly basis, but it has yet to set the date for future meetings.

 

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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.

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.