California Attorney General Releases a Fourth Set of Proposed Modifications to the CCPA Regulations

On December 10, 2020, the California Attorney General’s Office released a Fourth Set of Proposed Modifications to the California Consumer Privacy Act Regulations.

The Attorney General first published and noticed the proposed regulations for public comment on October 11, 2019.  On February 10, 2020 and March 11, 2020, the Attorney General gave notice of modifications to the proposed regulations, based on comments received during the relevant comment periods.  The Office of Administrative Law (OAL) approved the final version of the Regulations effective August 14, 2020.

On October 12, 2020, the Attorney General gave notice of a third set of proposed modifications on a number of provisions.  Subsequently, the Attorney General received around 20 comments in response to these modifications. The latest set of proposed modifications was issued partially in response to those comments.

The proposed changes include the following:

• Revisions to section 999.306(b)(3), to clarify that a business selling personal information collected from consumers in the course of interacting with them offline must inform consumers of their right to opt-out of the sale of their personal information by an offline method.
• Proposed section 999.315(f) regarding a uniform “opt-out” button. Where a business posts a “Do Not Sell My Personal Information” link, the “opt-out” button would need to be added to the left of the text and link to the same Internet webpage or online location to which the consumer is directed after clicking on the “Do Not Sell My Personal Information” link.

The Attorney General’s Office will accept written public comments on the new set of changes until December 28, 2020.

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