On June 8, 2022, the California Privacy Protection Agency (CPPA) Board, will meet to discuss and take potential action regarding a draft of its proposed regulations. The June 8th public meeting includes an agenda item where the CPPA Board will consider “possible action regarding proposed regulations … including possible notice of proposed action.”
In advance of the meeting, the CPPA posted on its website draft redline regulations for discussion purposes on the issue of revising the current regulations released by the California Attorney General (recently renumbered by the CPPA). The quietly released 66-page draft regulations, are intended to implement and interpret the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA). While the draft redline regulations address topics such as implementing “easy to understand” language for consumer CCPA requests, the draft does not address all of the 22 regulatory topics required under the CPRA. For example, the draft does not cover the opt-in/opt-out of automated decision making technology.
Here are some of the highlights of the proposed draft regulations:
- Adds a definition of “disproportionate effort” within the context of responding to a consumer requests. For example, disproportionate effort might be involved when the personal information which is the subject of the request is not in a searchable or readily-accessible format, is maintained only for legal or compliance purposes, is not sold or used for any commercial purpose, and would not impact the consumer in any material manner;
- Adds a new section on the restrictions on the collection and use of personal information that contains illustrative examples. One example is a business that offers a mobile flashlight app. That business would need the consumer’s explicit consent to collect a consumer geolocation information because that personal information is incompatible with the context in which the personal information is collected in connection with the app;
- Adds requirements for disclosures and communications to consumers. This includes making sure communications are reasonably accessible to consumers with disabilities whether online or offline;
- Adds requirements for methods for submitting CCPA requests and obtaining consumer consent. A key principle here is to ensure that the process for consumers to select a more privacy-protective options should not be more difficult or longer than a less protective option. Symmetry is the goal; and
To date, the Agency has not issued a Notice of Proposed Rulemaking to start the formal rulemaking process, but the timeframe associated with the draft regulations is still unclear – especially when the CPRA requires the CPPA to finalize regulations by July 1, 2022. It is expected that the June 8th meeting will provide details on the process.
Jackson Lewis will continue to track information related to privacy regulations and related issues. For additional information on the CPRA, please reach out to a member of our Privacy, Data, and Cybersecurity practice group