Norton Rose Fulbright - Data Protection Report blog

On January 25, 2019, the California Attorney General’s Office held a public forum in Los Angeles to solicit feedback on the California Consumer Privacy Act of 2018 (“CCPA”) as it prepares to draft regulations which must be adopted on or before July 1, 2020. CCPA provides new rights to California consumers with respect to the collection and use of their personal information. The CCPA authorizes the Attorney General to promulgate regulations that will establish procedures to facilitate consumers’ rights. The Attorney General’s Office does not answer questions at these forums; rather, the forums are designed to solicit feedback on the rulemaking categories enumerated in the text of the law, including, but not limited to, the definition of personal information and rules and procedures for how businesses must comply with a consumer’s request to opt out of the sale of personal information.

The Los Angeles forum was well-attended by a cross section of speakers representing businesses, consumers rights groups, application developers, and universities, among others. Many of the comments echoed the concerns voiced at the San Francisco forum. For instance, privacy attorneys and compliance offices alike requested that the regulations address perceived ambiguities in the law, such as clarifying the definition of “sale” and the scope of GLBA and HIPPA exemptions. Others stressed the need for safe harbor provisions, particularly for companies that that are in compliance with GDPR. On the other hand, consumer rights groups urged the Attorney General to maintain the current expansive definition of personal information and to draft implementing regulations that further enhance the protections already contained in the CCPA. Overall, the comments highlighted the tensions between businesses that are facing the challenge of complying with the new privacy law and consumer rights groups who are pushing to strengthen the law’s provisions.

In addition to the previously-announced five public forums, California Department of Justice has announced a new public forum: March 5 at 12:45pm, Stanford Law School, 559 Nathan Abbott Way, Room 290, Stanford, CA 94305.

Public comments are also accepted by email at privacyregulations@doj.ca.gov or by mail to the California Department of Justice, ATTN: Privacy Regulations Coordinator, 300 S. Spring St., Los Angeles, CA 90013.

The Attorney General’s Office expects to circulate draft regulations by the fall of this year. There will be an opportunity to comment on the draft regulations after they are published.

Links to our previous blog articles:

Article #1: Summary of CCPA’s major provisions

Article #2: CCPA covered entities

Article #3: CCPA definition of personal information

Article #4: CCPA disclosure requirements

Article #5: CCPA “Right to Deletion”

Article #6: California Attorney General’s Office begins CCPA rulemaking process with first public hearing while Congress debates new federal privacy law