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California’s New Privacy Agency Seeks Feedback On CPRA


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California’s new privacy protection agency recently issued
an invitation for public comments
as part of its preliminary rulemaking activities for the California
Privacy Rights Act (CPRA). Introduced and passed by ballot
initiative in November 2020, CPRA amends and introduces several new
concepts to CCPA.

CRPA required the creation of a new administrative entity – the
California Privacy Protection Agency (CCPA) – tasked with
implementing and enforcing the law separate from the attorney
general’s office. Appointed in March, the
agency’s five-member board is made up of lawyers and academics.
In advance of the January 1, 2023 effective date, the agency seeks
comments on both the new CPRA rules, as well updates to CCPA’s
existing rules. While the agency is supposed to issue final CPRA
regulations by July 1, 2022 (before the amended law goes
into effect), many are skeptical of this timing in light of the
process and timing for the CCPA regulations.

In particular, the Agency seeks feedback on the “new and
undecided” issues introduced by CPRA, including:

  • Processing that presents a significant risks to consumers’
    privacy or security

  • Cybersecurity audits and risk assessments

  • Automated decision-making

  • Rights to delete, correct, and to know

  • Right to opt-out of selling or sharing of personal
    information

  • Right to limit use and disclosure of sensitive personal
    information

  • Definitions such as “sensitive personal information”
    and “deidentified” (among others)

Putting it into Practice. Comments are due by November
8, 2021. Tips for submitting effective comments are available here. Public hearings are
expected to be heard in Winter/Spring of 2021 – 2022. This
invitation for comments is not the same as a proposed
rulemaking action. The public will have the opportunity to provide
additional comments on proposed regulations or modifications when
the agency proceeds with a notice of proposed rulemaking action
(expected later this year). The agency’s next board meeting is
scheduled for October 18, 2021 at which time we may learn other
additional information about this process and expected
timelines.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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