By: Linda L. Goodman
A new Senate bill was introduced this week that would seek to strengthen and clarify the California Consumer Privacy Act. The bill would expand the right of Californians to bring private legal actions alleging breaches of the law. Additionally, the bill would revise the CCPA provision that allows businesses to ask for the Attorney General’s opinion on how to comply with the law. The bill would also remove the 30 day to cure the breach period that will allow the Attorney General to enforce the law immediately.
“To have very little recourse when those violations occur means these large companies can continue with their inappropriate and unlawful behavior without any kind of consequence,” Sen. Jackson said at a Monday press conference. “Without recourse, you don’t have rights.”
The current law only allows the Attorney General to bring legal actions in alleged violations. It allows companies 30 days to cure a breach of the privacy law before legal action by the Attorney General can be taken against the company. It requires the Attorney General’s office provide businesses individual legal counsel regarding compliance with the law.
The law has been modified once last year. Senate Bill 1121, signed in September, it provided several changes that promise to impact how and against whom the law is enforced. It also prohibits the state regulator from enforcing the act until either July 1, 2020, or six months after the publication of the regulations, whichever comes first.
Another amendment was proposed last week that would strengthen the law by expanding the consumer personal information categories in which a breach needs to be reported.
The CCPA was enacted in 2018, and grants consumers new rights with respect to the collection and use of their personal information. As part of the law, businesses are prohibited from discriminating against consumers for exercising their rights under the CCPA. As required by the CCPA, the Attorney General must adopt certain regulations on or before July 1, 2020. Effective January 1, 2020, businesses must comply with the CCPA’s key requirements:
- Businesses must disclose data collection and sharing practices to consumers;
- Consumers have a right to request their data be deleted;
- Consumers have a right to opt out of the sale or sharing of their personal information; and
- Businesses are prohibited from selling personal information of consumers under the age of 16 without explicit consent.
“California, the nation’s hub for innovation, has long led the way to protect consumers in the digital age. And as we work to strengthen data privacy law, the world is watching. It’s essential that we get this right,” said Attorney General Becerra. “We thank Senator Jackson for her commitment to data privacy and for introducing SB 561, a critical measure to strengthen and clarify the CCPA. We will continue to work together to protect all Californians and their constitutional right to privacy.”
For more information and to view the full release, go to the Attorney General’s website here: https://www.oag.ca.gov/news/press-releases/attorney-general-becerra-senator-jackson-introduce-legislation-strengthen
To follow Sen. Hannah-Beth Jackson, go to her website here: https://sd19.senate.ca.gov/
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This article was originally posted on Cliclaw.com as part of my ongoing efforts to share valuable legal insights. I regularly contribute guest blogs to leading websites in the field of internet compliance. In these posts, I cover a range of topics to help businesses stay compliant in the ever-evolving digital world. You can read my latest guest contributions on Cliclaw.com.
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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