California Attorney General Holds First Public Hearing on the Proposed CCPA Regulations

On December 2, 2019, the Office of the California Attorney General held its first public hearing on the proposed California Consumer Privacy Act (CCPA) Regulations.  The hearings are intended to provide all interested persons with an opportunity to present statements or comments, either orally or in writing, with respect to the proposed Regulations published on October 10, 2019.

According to the report from Law.com, about a dozen people spoke at the first hearing in Sacramento.  Several themes emerged from the meeting:

• Businesses seek model forms and notices. The proposed Regulations require companies to provide a number of notices and disclosures to consumers, including notice at collection of personal information, notice of right to opt-out of sale of personal information, and notice of financial incentive.  The Regulations specifically require that notices be designed and presented in a way that is easy to read and understand by an average consumer, including “us[ing] plain, straightforward language and avoid[ing] technical and legal jargon.”  The speakers at the hearing suggested that the Attorney General consider producing sample forms and notices that companies can utilize to comply with these requirements.

• Businesses object to treating user-enabled privacy controls as an automatic opt-out of sale of personal information. The proposed Regulations provide that if a business collects consumer personal information on-line, it shall treat user-enabled privacy controls, such as browser plugin or privacy setting or other mechanism, that communicate or signal consumer’s choice to opt-out as a valid request to opt-out of the sale of their personal information under the CCPA.   The speakers at the hearing expressed concern over current technical feasibility of this provision as well as the fact that it adds a significant new obligation beyond what is required in the CCPA.

• Businesses expressed concerns over other regulatory requirements that go beyond the scope of the CCPA provisions. One of such provisions is mandating companies to treat access and deletion requests that are “deficient in some manner” as valid requests under the CCPA or providing consumers with specific directions on how to remedy the deficiency.  In view of some of the speakers, this requirement adds “an extra level of uncertainty and costs.”

The remaining hearings will take place over the rest of the week in Los Angeles (December 3); San Francisco (December 4), and Fresno (December 5).   The deadline to submit written comments on the proposed Regulations is December 6, 2019 at 5 p.m. PST.

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