By: Linda L. Goodman
The California Privacy Protection Agency has vowed to continue its enforcement work despite a court ruling last week that prohibits any official action on new rules until next March. The ruling by state Judge James P. Arguelles for the delay requested by the California Chamber of Commerce will give businesses more time to comply with new California Privacy Rights Act regulations, enforcement of which was scheduled to begin July 1st. In response to the ruling, the agency issued a statement that it was disappointed in the ruling, but further stated “We’re pleased the court held that significant portions of Prop 24’s privacy protections remain enforceable starting tomorrow,” adding that the agency “will take the appropriate next steps.” Again, the court decision only applied to regulations, but the California Privacy Rights Act is still enforceable.
Further, the first-in-the-nation privacy agency hasn’t shown signs of slowing down its enforcement work. It has already retained Amazon’s prior corporate counsel as a chief enforcement officer and is currently retaining a chief privacy officer and a chief auditor as well as authorizing probable cause hearings. This is all set out in the public agenda for their July 14th meeting. At that meeting, there will also be a discussion for a system in which consumers may file a privacy complaint. The new state budget will authorize funding for the agency to begin hiring for seven more positions on its auditing and enforcement team this fiscal year. Soltani, the agency director, already indicated in past remarks that the initial focus will be on educating the public and encouraging “voluntary compliance” instead of swift enforcement actions, as the enforcement branch of the Agency is built. Companies, however, should not take a break and expect some enforcement activity soon.
Be ready – enforcement has already begun.
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This article is a publication of The Goodman Law Firm and is intended to provide information on recent legal developments. This article does not create an attorney-client relationship, nor should it be construed as legal advice or an opinion on specific situations. This may constitute “Attorney Advertising” under the Rules of Professional Conduct and under the law of other jurisdictions.
Linda L. Goodman is the founder of The Goodman Law Firm, concentrating its practice in internet business and law. Her firm’s clients include Advertisers, Affiliates, Affiliate Networks, and ISP’s.
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