A third set of proposed modifications to the California Consumer Privacy Act (CCPA) has been released by the California Department of Justice.
The California attorney general became authorized to enforce the law on July 1, 2020, and the California Office of Administrative Law approved regulations implementing the CCPA effective immediately on Aug. 14, 2020, ACA previously reported.
The main changes being proposed included notice of opt out offline, ease of the opt-out request process, authentication of the authorized agent, with some detail/examples. The modifications also make an important clarification involving the content of privacy policies regarding children’s information. The changes do not propose the restoration of the section on the need to obtain consent to use an individual’s data for a materially different purpose (which was deleted by the OAL in August).
The proposed amendments to the CCPA proposed regulations, which originally became enforceable on August 14 this year, will be open for comment and feedback until October 28. The changes include:
- Proposed section 999.306, subd. (b)(3), provides examples of how companies that gather that collect personal data while interacting with consumers offline can provide the notice of right to opt-out of the sale of personal information through offline means.
- Proposed section 999.315, subd. (h), provides information on how a company’s process for submitting requests to opt-out should be simple and straightforward. It gives case studies that show how an individuals consumer’s choice to opt-out can be hindered.
- Proposed section 999.326, subd. (a), details the evidence that a company may ask an authorized agent to supply, as well as what the company may ask a consumer to do to prove their request.
- Proposed section 999.332, subd. (a), clarifies that companies subject to either section 999.330, section 999.331, or both of these sections must provide a description of the processes set forth in those sections in their privacy policies.
Anyone wishing to peruse the proposed amendments can do so on the California attorney general’s website for the CCPA .
