This is the Data Protection Report’s ninth blog post in a series of CCPA blog posts that will break down the major elements of the CCPA. Stay tuned for additional posts on the CCPA.
On May 16, 2019, the California Senate Appropriations Committee held a hearing that included S.B. 561, the “Attorney General amendment” to the California Consumer Privacy Act (“CCPA”). The bill is being held in committee and under submission, which means the bill has been blocked and is likely dead.
The bill would have made three significant changes to the CCPA:
- It would have expanded the consumer’s private right of action from only certain security breaches to any violation of the CCPA.
- It would have deleted the 30-day cure period that enables a company to remedy an issue prior to Attorney General enforcement.
- It would have changed a provision relating to Attorney General opinions. Currently, CCPA obligates the Attorney General to answer questions regarding CCPA. The bill would have deleted that requirement and would have substituted an authorization to provide general guidance on compliance with CCPA.
Below is a summary of other key CCPA amendments that are still pending in the California legislature. We will continue to monitor the California legislature and provide updates relating to CCPA amendments.
Bills to expand CCPA
|Bill No.||10-word summary||Status|
|AB 288||Social media data – right to remove and prohibit sale||3/20 – re-referred to Committee on Privacy and Consumer Protection|
|AB 1281||Use of facial recognition – signage required||5/8 – referred to Committees on Judiciary and Appropriations|
Bills to narrow CCPA
|Bill No.||10-word summary||Status|
|AB 25||Excludes “employees” from definition of “consumer”||5/9 – from Consent Calendar; ordered third reading|
|AB 846||Clarifies non-discrimination provision to allow retail loyalty programs||5/9 – vote to pass; scheduled for third reading|
|AB 873||Expands definition of “de-identified” data, removes “household” from “personal information”||5/16 – hearing upon call of Chair|
|AB 874||Redefines “personal information” to exclude information from government records||5/9 – passed – moved to Senate; read first time and sent to Rules Committee|
|AB 981||Exempts “insurance institutions, agents, and support organizations”||5/16 – hearing upon call of Chair|
|AB 1146||Exempts sharing between motor vehicle dealers & manufacturers||5/8 – vote to pass|
|AB 1355||Narrows disclosure requirement relating to categories of third parties||5/9 – passed – moved to Senate; read first time and sent to Rules Committee|
|AB 1416||Permits use of data to prevent fraud or illegal activity||5/17–amended and ordered to third reading|
|AB 1564||Decreases the number of ways consumers can submit information requests||5/8 – vote to pass|
Our other CCPA 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
Article 7: Comments at CCPA public forum in Los Angeles highlight tensions between businesses and consumer rights groups
Article 8: GDPR, CCPA and beyond: Changes in data privacy laws and enforcement risks to monitor in 2019
Article 9: CCPA: “Attorney General Amendment” Likely Dead
Article 10: Nevada, New York and other states follow California’s CCPA
Article 11: “What’s cooking” in Sacramento: CCPA’s “employee exception” bill is amended; “publicly available information” exception is broadened, and consumer access rights are clarified
Article 12: Back At The Negotiating Table: CCPA Amendments Debate Continues
Article 13: One-Month Countdown to Pass CCPA Amendments Begins
Article 14: CCPA: “Wait and see” is not the right approach
Article 15: And then there were five: CCPA amendments pass legislature
Article 16: Mic Drop: California AG releases long-awaited CCPA Rulemaking
Article 17: California Governor Signs All 5 CCPA Amendments
Article 18: Here We Go Again: Another Ballot Initiative for CCPA in 2020
Article 19: Privacy Officers’ New Year’s Resolutions
Article 20: State of the Untion: CCPA and beyond in 2020