On December 10, 2020, the California Attorney General proposed a fourth set of modifications to the California Consumer Privacy Act (CCPA) regulations, in response to comments received regarding the October proposed modifications. (We had written about the October proposals here.)
The December proposal would revise § 999.306 of the CCPA regulations, relating to consumer opt-outs from the “sale” of personal information:
- With respect to the right to opt-out, the proposal would revise the subsection relating to offline collection of personal information that the business “sells.” The October proposal permitted the business to provide consumer notice via an offline method “that facilitates consumers’ awareness of the right to opt-out.” Under the December proposal, the obligation is more specific. If a business “sells” information it collects offline, it must also inform consumers “by an offline method of their right to opt-out and provide instructions on how to submit a request to opt-out.” The proposed regulations retain the October examples for offline notice to consumers via paper forms or by signage but now would direct consumers ”where the opt-out information can be found online.” For information collected over the phone, the regulation would continue to permit the business to inform consumers of their right to opt-out orally when the information is collected.
- The December modifications also include a proposed out-opt button. This optional button would be in addition to the “Do Not Sell My Personal Information” link. If the business elects to include the button, it would be required to appear like this:
The button would be required to link to the same page as when a consumer clicks on the “Do Not Sell” link. The proposed regulation also would require that the button be approximately the same size as any other button on the page.
The December proposal retains the remainder of the October proposal without change, including the proposal that a business cannot require more steps for a consumer to opt-out than for a consumer to opt-in after previously having opted-out.
Comments are due to the California Attorney General’s office by 5:00 P.M. (Pacific) on Monday, December 28, 2020.
