California AG Tells Congress Not to Preempt California Privacy Law

California Attorney General Xavier Becerra told Reuters in an interview yesterday that the U.S. Congress should not preempt the California Consumer Privacy Act (CCPA), according to an article the news organization published.

The CCPA provides the California Attorney General with rulemaking authority over the new California privacy law, which is slated to go into effect on January 1, 2020. The California AG also has the power to enforce the law, with enforcement set to begin six months after the publication of the final rules by the AG’s Office according to the SB 1121 Amendments to the CCPA. It is anticipated that enforcement will begin on July 1, 2020, although it is technically possible for enforcement to begin as early as January 1, 2020 under the text of the law.

Tech companies have been pushing for a federal bill that preempts some or all of the CCPA. They are concerned that complying with fifty different state laws on privacy will be a logistical nightmare.

On Wednesday, the California Attorney General urged Congress not to pass a weak online privacy bill that takes precedence over the California Consumer Privacy Act.

The coverage follows Reuters report yesterday that Senator Richard Blumenthal (D-CT) expected to have a draft of a bipartisan privacy bill with Senator Jerry Moran (R-KS) early next year. The proposal from these leaders of the Senate Commerce Committee’s Subcommittee on Consumer Protection, Product Safety, Insurance and Data Security is “much-anticipated”, according to the article. The report said that whether the federal bill will prempt the California law is still an “unresolved question”.

For additional information about preemption and the CCPA, please see our complete summary of the California Consumer Privacy Act.

Other Blog Posts on the California Consumer Privacy Act:

Debate Over CCPA Amendment Heats Up as Business Preparations Ramp Up
California AG Holds First Public Forum for CCPA Rulemaking in San Francisco
New Mexico Privacy Bill Copies CCPA – Consumer Information Privacy Act Introduced in NM Legislature
CCPA Rulemaking Public Forums Announced by California Attorney General
CCPA Compliance Note: The Lookback Period Starts on January 1, 2019
A Sale for Valuable Consideration Under California’s CCPA Defined
Consumer Organizations Defend California Consumer Privacy Act (CCPA) in Letter to Legislators
CCPA Privacy Lawsuits Implicated in United States Challenge to Injury Standing in Frank v. Gaos
PWC Survey on CCPA: Enterprise Compliance Expected at 52% by January 1, 2020
California Adopts SB-1121 Amendments to Consumer Privacy Act

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