California Attorney General Proposes Additional Changes to the CCPA Regulations

On October 12, 2020, the California Attorney General proposed a Third Set of Modifications to the Text of the CCPA Regulations.  The proposed modifications are aimed primarily at clarifying some of the existing provisions and offering additional guidance to businesses tasked with the CCPA compliance.  The following is a summary of the proposed changes:

• Proposed Modifications provide examples of how businesses that collect personal information in the course of interacting with consumers offline can provide the notice of right to opt-out of the sale of personal information through an offline method.

• Proposed Modifications provide guidance on how a business’s methods for submitting requests to opt-out should be easy and require minimal steps and provide illustrative examples. Notably, one of the proposed provisions would require that “the business’s process for submitting a request to opt-out shall not require the consumer to provide personal information that is not necessary to implement the request.”

• Proposed Modifications clarify that businesses may require an authorized agent (rather than a consumer) to provide proof that the consumer gave the agent signed permission to submit the request on the consumer’s behalf.

• Proposed Modifications clarify notice obligations to minor consumers.

The Attorney Generals’ Office will accept written comments to the proposed Modifications until October 28, 2020.

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