WHAT WILL THE CALIFORNIA CONSUMER PRIVACY ACT ACTUALLY BRING IN 2020?

California’s passage of a landmark data privacy and protection law, the California Consumer Privacy Act (CCPA), has rightly drawn significant attention.  You may be aware that this sweeping new privacy legislation has its fair share of ambiguities, drafting errors, and contradictions, and has already been amended once. The law, which will become effective January 1, 2020, with enforcement delayed until the following July, grants new rights to California residents, including the right to access their information in a portable format and the right to opt-out of the sale of their personal information.

We recently reported on an important proposed amendment, SB 561, which would expand the private right of action to any violation of the CCPA and remove the ability to cure within 30 days of notification. The bill, which also authorized the Attorney General to provide general guidance on compliance, had the backing of Attorney General Xavier Becerra. On April 29, 2019, the California Senate appropriations committee placed this bill on the “Suspense File,” which is a way to consider the fiscal impact of the bill to the state. On May 16, 2019, a hearing was held in committee and the bill was taken under submission, which means the bill has been blocked and is effectively dead.

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