State Regulatory Developments

California Privacy Protection Agency Issues Notice of Proposed Rulemaking

The California Privacy Protection Agency (Agency) recently issued a notice of proposed rulemaking to amend the California Consumer Privacy Act (CCPA) regulations to make them consistent with amendments to the CCPA and to implement provisions under the Consumer Privacy Rights Act (CPRA) establishing new rights for consumers and requirements on businesses.  The Agency was established by the CPRA and tasked with implementing and enforcing the CCPA, including promulgating regulations on specific topics.

The proposed regulation would, among other things, provide guidance and specific requirements for businesses that would facilitate the protection of consumer rights under the CCPA.  This includes establishing requirements for disclosures and communications to consumers; establishing requirements for contracts between businesses that sell or share a consumer’s personal information and service providers, contractors, and third parties; and establishing methods for allowing consumers to opt out of the collection, use, retention, and sharing of the consumer’s personal information.  The proposed regulations would also establish procedures for the Agency to enforce the CCPA, including through filed complaints and independent investigations.

Comments may be submitted to the Agency via email or mail by 5:00 p.m. on August 23, 2022, or presented to the Agency at an in-person and virtual public hearing on August 24 and 25, 2022.