State Regulatory Developments

California AG Proposes Amendments to CCPA Regulations

The California Attorney General (AG) recently released proposed modifications to the California Consumer Privacy Act (CCPA) final regulations that went into effect on August 14, 2020.  WBK previously covered the CCPA final regulations here.

Some of the proposed changes to the CCPA regulations include, in part, the following:

  • Adds examples of how businesses that collect personal information in the course of interacting with a consumer offline may provide the notice of right to opt-out of the sale of personal information through an offline method;
  • Clarifies what proof a business may require from a consumer or an authorized agent when a consumer uses an authorized agent to submit a request to know or a request to delete;
  • Provides guidance on how a business’s method for submitting request to opt-out should be easy and require minimal steps and includes illustrative examples of prohibited right to opt-out methods that are designed with the purpose or have the substantial effect of subverting or impairing a consumer’s choice to opt-out; and
  • Clarifies that a business that sells personal information of consumers under 13 years old and/or sells personal information of consumers 13-15 years old must include a description of the process for opting-in and opting-out of the sale of personal information in its privacy policy.

Additional information on the CCPA can be found on the AG’s CCPA website.