Page 10 - SMRH Eye on Privacy 2019 Year in Review Brochure

As reported, the bill to allow for a private right of action was stalled (SB 561). A bill that would have prevented businesses from sharing personal information without the consumer’s consent was also withdrawn (AB 1760). It also would have expanded enforcement powers beyond the AG and limited the use of personal information to only what is necessary. Finally a bill that would have further narrowed the definition of sale was withdrawn (SB 753).
PUTTING IT INTO PRACTICE: We will continue to monitor the development of these bills. In the meantime, companies should keep in mind that CCPA will become effective January 1, 2020.
Ding Dong the CCPA Private Right of Action is (Mostly) Dead!
Posted on May 17, 2019
Whether your favorite movie is The Wizard of Oz or The Princess Bride, we can all agree there is some good news about the California Consumer Privacy Act (CCPA) this Friday afternoon! SB 561 appears to have (mostly) died in the Senate Appropriations Committee during a hearing held yesterday. While the act as originally drafted only provided for Attorney General enforcement (except for one section addressing data security breaches), SB 561 added a private right of action as well as statutory damages for any violation of the act. This amendment clearly would have significantly increased the risks of any failure to comply with CCPA, no matter how small. But remember the words of Miracle Max – “There’s a big difference between mostly dead and all dead. Mostly dead is slightly alive.” So while it is possible that another amendment could be introduced at a later date, for now at least, the act will likely remain as drafted with enforcement coming only from the AG’s office, except in data breaches.
PUTTING IT INTO PRACTICE: Companies should remain diligent in their compliance efforts—this is not a reason to ratchet down diligence and remediation. It is, however, a welcomed reduction in risk and compliance costs for all businesses subject to the law.<<Collective sigh of relief.>>
California AG Holding Series of CCPA Public Forums
Posted on January 10, 2019
In support of the California AG’s work towards drafting regulations under the California Consumer Privacy Act, a series of public forums are being held throughout California. The AG has invited the public to participate and provide comments either at, before or after the events, the first of which was held this week (January 8, in San Francisco). The next events are to be held January 14 (San Diego), January 24 (Riverside), January 25 (Los Angeles), February 5 (Sacramento), and February 13 (Fresno). As a reminder, as we have reported on in the past, the AG has until July 1, 2020 to adopt regulations.
TIP: Those interested in participating in these California forums can register online (while not required, it is requested by the AG), and can also email comments to the AG.
2019 is the Year of . . . CCPA?
Posted on January 8, 2019
Everyone who has been paying attention to privacy news knows that January 1, 2020 is the implementation date of the California Consumer Protection Act, and July 1, 2020 is the current deadline for enforcement to begin. July 2020 is also the current deadline for the California AG to implement regulations under CCPA. Read more about the law in our blog post from last year. What should companies do over the coming months to get ready for what looks like a sweeping new set of requirements? Two big ones: keep a 12 month look-back of data processing activities and take
9 Eye on Privacy 2019 Year in Review