Friday, 18 September 2020

Attorney General Becerra announces approval of final regulations under the California Consumer Privacy Act

California Attorney General Xavier Becerra on Friday announced approval by the Office of Administrative Law of final regulations under the California Consumer Privacy Act.

Proposed final regulations were submitted to the Office of Administrative Law, or OAL, by Attorney General Becerra on June 1, 2020.

During OAL's review process, additional revisions were made to the proposed regulations. The approved regulations go into effect immediately.

"In California, privacy is an inalienable right. Californians should control who possesses their personal data and how it’s used,” said Attorney General Becerra. “With these rules finalized, California breaks ground and leads the nation to protect and advance data privacy. These rules guide consumers and businesses alike on how to implement the California Consumer Privacy Act. As we face a pandemic of historic proportions, it is particularly critical to be mindful of personal data security.”

The California Consumer Privacy Act, or CCPA, was signed into law on June 28, 2018, and was further amended on September 23, 2018, by SB 1121 and on Oct. 11, 2019, by AB 25, AB 874, AB 1146, AB 1355 and AB 1564. The law went into effect on Jan. 1, 2020.

CCPA grants California consumers robust data privacy rights and control over their personal information including the right to know, the right to delete, and the right to opt-out of the sale of personal information that businesses collect, and includes additional protections for minors.

The regulations establish procedures for compliance and exercise of rights, as well as clarifying important transparency and accountability mechanisms for businesses subject to the law.

The regulations approved by OAL were drafted after a broad and inclusive preliminary rulemaking process, which included seven public forums, during which the office received over 300 letters.

During the formal rulemaking process, Attorney General Becerra held four public hearings throughout the state, along with a 45-day comment period and two subsequent 15-day comment periods.

These comment periods resulted in the submission of over 1,000 public comments, each of which were taken into consideration when drafting the final regulations.

A copy of the approved final regulations can be found here.

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