Senate Judiciary Committee Recommends SB 561, the Expanded CCPA Private Right of Action

Senator Jackson, the chair of the Senate Judiciary Committee, introduced SB 561 to the Committee yesterday in a public hearing. The measure was given a do pass recommendation by the Senate Judiciary Committee and was referred to the Appropriations Committee.

SB 561 is supported by the California Attorney General and makes three amendments to the CCPA. It provides an expanded private right of action, eliminates the 30 day cure provision, and modifies the procedure for the Attorney General to guide businesses on the law’s requirements.

Senator Jackson called the current version of the CCPA a good first step but supports the Attorney General’s proposed fixes to improve the operability and enforcement of the new privacy law. The CCPA isn’t enforceable in its current form, according to Senator Jackson.

A representative of the Attorney General’s Office expressed concerns about the workability and operational challenges that would make it difficult for the AG to oversee and enforce the CCPA.

The California Chamber of Commerce testified against the amendment because the CCPA is a complex, ambiguous and vague law. SB 561 would allow a flood of class action litigation over technical violations, which is not the way to get clarity or compliance. The focus should be on compliance, according to the Cal Chamber, and the key business rights in the deal struck over the CCPA should not be rolled back.

Around two dozen members of the public representing various business organizations registered their opposition to the bill. A handful of consumer organizations testified in support of it.

The members of the committee discussed the merits of SB 561 and the CCPA for around an hour before the vote. There was discussion of delaying and reworking the bill. One suggested alternative was to strengthen the resources of the AG so that they could enforce the bill. There also was a suggestion to give consumers a remedy through AG enforcement. Another idea was to give the power to local city attorneys to bring actions to alleviate the resource concerns on the AG office. Another option suggested was to delay any private right of action until such time as it was determined that compliance by other means could not be achieved.

Based on those discussions and the early stage of the bill, there was an informal agreement to pass it through the Committee and do the additional work needed with legislators and stakeholders to improve the bill. Senator Jackson argued strongly for not delaying the bill in the committee further.

Other Relevant Posts:

Next Stop for CCPA Amendments AB-25 and AB-874 is an Assembly Floor Vote
Highlights of the CA Privacy Committee Hearing Yesterday on CCPA Amendments
How to Prepare for CCPA Compliance Given the Uncertain Amendments and Regulations
CCPA Amendments to be Heard in April 23rd California Assembly Privacy Committee Hearing
Latest on the Proposed CCPA Amendments
AB-25 Proposes CCPA Amendment to Exclude Employees from New Privacy Law
CCPA Regulation Recommendations by EFF to CA Attorney General
Highlights of CCPA Rulemaking Comments by IAB and ANA
CCPA Amendment & Consumer Privacy Bills in California legislature in Feb. 2019
California AG Supports Proposed CCPA Amendments in SB 561
CA Dems Defend CCPA Against Preemption; California Holds CCPA Hearing on Changes
California GOP Defend CCPA Against Federal Preemption
More Technical Amendments Suggested for CCPA; CA GOP Introduce Another Privacy Bill
Advertising & Marketing Groups Send AG Letter Seeking Flexibility on CCPA