Page 102 - GDPR and US States General Privacy Laws Deskbook

11 C.C.R. § 7301. Investigations
(a)  The Agency may open investigations upon the sworn complaint of any person or on its own initiative. For example, the
Agency may initiate investigations based upon referrals from government agencies or private organizations, and non-
sworn or anonymous complaints.
(b)  As part of the Agency’s decision to pursue investigations of possible or alleged violations of the CCPA, the Agency may
consider all facts it determines to be relevant, including the amount of time between the effective date of the statutory or
regulatory requirement(s) and the possible or alleged violation(s) of those requirements, and good-faith efforts to comply
with those requirements.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Section 1798.199.45, Civil Code.
11 C.C.R. § 7302. Probable Cause Proceedings
(a)  Probable Cause. Under Civil Code section 1798.199.50, probable cause exists when the evidence supports a reasonable
belief that the CCPA has been violated.
(b)  Probable Cause Notice. The Enforcement Division will provide the alleged violator with notice of the probable cause
proceeding as required by Civil Code section 1798.199.50.
(c) Probable Cause Proceeding.
(1)  The proceeding shall be closed to the public unless the alleged violator files, at least 10 business days before the
proceeding, a written request for a public proceeding. If the proceeding is not open to the public, then the proceeding
may be conducted in whole or in part by telephone or video-conference.
(2)  The Agency shall conduct the proceeding informally. Only the alleged violator(s), their legal counsel, and the
Enforcement Division shall have the right to participate at the proceeding. The Agency shall determine whether there
is probable cause based on the probable cause notice and any information or arguments presented at the probable
cause proceeding by the parties.
(3)  If the alleged violator(s) fails to participate or appear at the probable cause proceeding, the alleged violator(s) waives
the right to further probable cause proceedings under Civil Code section 1798.199.50, and the Agency shall determine
whether there is probable cause based on the notice and any information or arguments provided by the Enforcement
Division.
(d)  Probable Cause Determination. The Agency shall issue a written decision with its probable cause determination and serve
it on the alleged violator electronically or by mail. The Agency’s probable cause determination is final and not subject to
appeal.
(e)  Notices of probable cause and probable cause determinations shall not be open to the public nor admissible in evidence
in any action or special proceeding other than one enforcing the CCPA.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Section 1798.199.50, Civil Code.
California Consumer Privacy Act of 2018 (as amended by the
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California Privacy Rights Act of 2020) and Related Regulations