The Proposed Amendments to the CCPA Coming from the California Assembly
The California Consumer Privacy Act (CCPA) was the first comprehensive data privacy law in the United States. It has acted as a catalyst and a model for state legislatures in other states as they’ve worked to pass and, in some cases, succeeded at passing their own comprehensive data privacy laws.
Even as the CCPA stands out as a beacon of data privacy rights in the United States, it hasn’t stagnated, it continues to break new ground as it is amended and more amendments are proposed to shape the law.
The biggest amendment to the CCPA was the California Privacy Rights Act (CPRA). The CPRA has been thoroughly analyzed and has made the CCPA stronger and more protective of privacy rights.
The focus of this article is the smaller, less-publicized proposed amendments to the CCPA coming from the California Assembly which are in the works today. These consist of assembly bills 2273, 2486, 2488, 2871, and 2891.
First, let’s take a look at the most straightforward amendment, AB 2488. AB 2488 is extremely simple. It would add the following to the CCPA:
It is the intent of the Legislature to enact legislation that would relate to consumer privacy.
Adding an intent to a bill can be helpful to anyone trying to understand the law, to get a quick idea of what the law is about.
Two of the assembly bills are related to compliance exemptions. AB 2871 and AB 2891 are both attempts to extend the exemptions related to employee personal information and business-to-business transactions. AB 2891 would keep the exemptions in place until January 1, 2026. AB 2871 would keep the exemptions in place permanently.
Two of the assembly bills are specifically looking to protect children. AB 2273 would require businesses that create goods, services, or product features likely to be accessed by children to comply with specified standards. To help determine the specified standards, the California Privacy Protection Agency (CPPA) will establish and convene a new taskforce, the California Children’s Data Protection Taskforce. This Taskforce will evaluate best practices to implement the other provisions of AB 2273 and support businesses in complying with it.
AB 2486 would also create a new body focused on protecting the privacy of children, but in a different context. It would create the Office for the Protection of Children Online as a division of the CPPA. This division’s focus would be to ensure that digital media available to children in California are designed, provided, and accessed in a manner that protects the privacy, civil liberties, and mental and physical wellbeing of children.
With this amendment focused on digital media, its important to know what digital media content your business is putting out on the market. Clarip’s website scanning can help with that. We can help you identify the content you are putting out there, so you can review that content and make sure it’s not something that could lead to trouble further down the line. Clarip also provides automated data mapping, consent management, data subject request fulfillment, vendor management, and much more. To learn more, visit us at 1-888-252-5653 or visit us at www.clarip.com.
Mike Mango, VP of Sales
Other Articles on this Topic:
Guidance on the Right to Know under the CCPA
Data Privacy and the Class-action Lawsuit
Data Privacy and the Private Right of Action
The CCPA: Loyalty Programs Put on Notice
US Data Privacy Law High-Water Mark: Entity Exemptions
US Data Privacy Law High-Water Mark: Data Exemptions
US Data Privacy Law High-Water Mark: Applicability