California Advocacy Group Takes Another Step Toward the CCPA 2.0 Ballot Initiative

The California Consumer Privacy Act (CCPA) has been in effect for only five months but businesses around the country might soon have another major California privacy law to worry about.

Californians for Consumer Privacy, an advocacy group headed by Alastair Mactaggart, the proponent of the 2018 ballot initiative that led to the enactment of the CCPA, has reportedly gathered more than 900,000 signatures for a new initiative, California Privacy Rights Act (CPRA), to place on the ballot in November of 2020.  If enacted, the CPRA (also dubbed CCPA 2.0) will significantly amend the CCPA and further expand privacy rights of California consumers as well as compliance obligations of California businesses and their service providers and contractors.

The CPRA will, among other things, permit consumers to: (1) prevent businesses from sharing (in addition to selling) personal information; (2) correct inaccurate personal information; and (3) limit businesses’ use of “sensitive personal information,” such as precise geolocation, race, ethnicity, religion, genetic data, union membership, private communications, and certain sexual orientation, health, and biometric information.  The proposed law will prohibit businesses from collecting and using personal information for purposes incompatible with the disclosed purposes, and from retaining personal information longer than reasonably necessary.  The CPRA will also establish a new California Privacy Protection Agency which will be tasked with enforcing and implementing consumer privacy laws and imposing administrative fines.   The CPRA would become operative on January 1, 2023 and its obligations would only apply to personal information collected after January 1, 2022.

Californians for Consumer Privacy needed  to collect 623,212 signatures to put the CPRA on the ballot in November.  Assuming enough collected signatures are valid, state residents could vote for the initiative this November.

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