Page 53 - GDPR and US States General Privacy Laws Deskbook

53 | 
California Consumer Privacy Act of 2018 (as amended by the
California Privacy Rights Act of 2020) and Related Regulations
1798.199.30. Executive Director; Officers, Counsel, Employees; Compensation
The agency board shall appoint an executive director who shall act in accordance with agency policies and regulations and
with applicable law. The agency shall appoint and discharge officers, counsel, and employees, consistent with applicable civil
service laws, and shall fix the compensation of employees and prescribe their duties. The agency may contract for services
that cannot be provided by its employees.
(Added November 3, 2020, by initiative Proposition 24, Sec. 24.5. Effective December 16, 2020. Operative December 16, 2020,
pursuant to Sec. 31 of Proposition 24.)
1798.199.35. Delegation of Authority
The agency board may delegate authority to the chairperson or the executive director to act in the name of the agency
between meetings of the agency, except with respect to resolution of enforcement actions and rulemaking authority.
(Added November 3, 2020, by initiative Proposition 24, Sec. 24.6. Effective December 16, 2020. Operative December 16, 2020,
pursuant to Sec. 31 of Proposition 24.)
1798.199.40. Agency Functions
The agency shall perform the following functions:
(a) Administer, implement, and enforce through administrative actions this title.
(b)  On and after the later of July 1, 2021, or within six months of the agency providing the Attorney General with notice that
it is prepared to assume rulemaking responsibilities under this title, adopt, amend, and rescind regulations pursuant to
Section 1798.185 to carry out the purposes and provisions of the California Consumer Privacy Act of 2018, including
regulations specifying recordkeeping requirements for businesses to ensure compliance with this title.
(c)  Through the implementation of this title, protect the fundamental privacy rights of natural persons with respect to the use
of their personal information, it is .
(d)  Promote public awareness and understanding of the risks, rules, responsibilities, safeguards, and rights in relation to
the collection, use, sale, and disclosure of personal information, including the rights of minors with respect to their own
information, and provide a public report summarizing the risk assessments filed with the agency pursuant to paragraph
(15) of subdivision (a) of Section 1798.185 while ensuring that data security is not compromised.
(e) Provide guidance to consumers regarding their rights under this title.
(f)  Provide guidance to businesses regarding their duties and responsibilities under this title and appoint a Chief Privacy
Auditor to conduct audits of businesses to ensure compliance with this title pursuant to regulations adopted pursuant to
paragraph (18) of subdivision (a) of Section 1798.185.
(g)  Provide technical assistance and advice to the Legislature, upon request, with respect to privacy-related legislation.
(h)  Monitor relevant developments relating to the protection of personal information and, in particular, the development of
information and communication technologies and commercial practices.
(i)  Cooperate with other agencies with jurisdiction over privacy laws and with data processing authorities in California, other
states, territories, and countries to ensure consistent application of privacy protections.
(j)  Establish a mechanism pursuant to which persons doing business in California that do not meet the definition of business
set forth in paragraph (1), (2), or (3) of subdivision (d) of Section 1798.140 may voluntarily certify that they are in compliance