We expect … In subsections (a)(2) and (b)(12), businesses can offer different prices, rates, quality, etc. The wait is over: Only five CCPA amendments made it through the California legislature. Subsection (d)(1) now adds an exception to the deletion right. –           § 1798.130. Increased transparency requirements. While we cannot predict the potential rules the California Attorney General will impose, we can guide you through these potential amendments that are … That information cannot be used, communicated, disclosed, or sold except as authorized by FCRA. The clarification states that businesses must obtain opt-in consent from minors who are 13 to 15 years old before “selling” the minors’ personal information. This private right of action section has one change in the beginning of subsection (a)(1): it now limits private right of action to any consumer “whose non-encrypted AND non-redacted personal information” has been breached, which means private litigation under CCPA will no longer be available to persons whose information was either encrypted or redacted. A business may refuse to comply with a consumer’s deletion request if the personal information is needed in order to “fulfill the terms of a written warranty or product recall conducted in accordance with federal law.” There are also a few editorial changes. 4848 (Public Law No. Senate Report No. The 2021-22 New York State legislative session started off with a bang, featuring nearly a dozen consumer privacy bills introduced in the House and… (6) Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the businesses’ deletion of the information is likely to render impossible or seriously impair the achievement of such research, if the consumer has provided informed consent. Below is a high-level overview of … The amendment established a legal and enforceable right of privacy for every Californian. Industry-backed amendments relating to loyalty programs, targeted ads, or the expanded definition of de-identified data did not pass. Section (a)(2) is amended to permit the consumer to request that the business notifies a consumer of the categories of personal information sold for “each category of third party”, rather than “each third party.” This means businesses no longer will be required to disclose the specific names of the third parties to whom personal information is sold. Foreign Corrupt Practices Act of 1977. One positive statement of intent is that HR and B2B data subjects are intended to be … Separately, the Attorney General’s office is expected to release a draft of proposed CCPA regulations for public input later this Fall. The California legislature has passed several amendments to the CCPA which impacts the implementation timeline. A summary of those amendments can be found on the Amendments page. We will continue to track and report on the status of each of these amendments and whether each has been signed into law. Subsection (b) was amended to add that the Attorney General may adopt regulations on how to process and comply with verifiable consumer requests for specific pieces of personal information. Finally, the amendments added that the online privacy policy must also describe the consumer’s rights under § 1798.100 and § 1798.105. Officially called AB-375, the act was introduced by Ed Chau, member of the California State Assembly, and State Senator Robert … What is now subsection (k) has been expanded to state that when a business is verifying the consumer, it is not required to collect or retain information it would not otherwise collect or retain in the ordinary course of business. There were no substantive changes to CCPA’s basic requirements: notice, access, deletion, opt-out, and non-discrimination. To enable solely internal uses … Previously, there was a question of whether opt-in consent would be required for 16-year-olds. The requirement for a toll-free number remains intact, with a notable exception:   a business that operates solely online and has a direct relationship with the consumer need only provide an email address for such requests. 4th 272, 276-77 (1999). Legislative History. Before you begin your research, identify the public law citation or the Statutes at Large citation (e.g., P.L. Home » CCPA Watch – February Marked by Heavy Legislative Activity, Proposal to Expand Private Right of Action under the CCPA CCPA Watch – February Marked by Heavy Legislative Activity, Proposal to Expand Private Right of Action under the CCPA . The most significant substantive amendments create new exemptions to CCPA, removing certain personal information from the scope of CCPA — although two of the exemptions exist only during calendar year 2020. The CCPA delegated rule-making authority (as well as enforcement) to the California DOJ. that will guide compliance. I don’t expect any major statutory changes will emerge in 2020. –           § 1798.100. In subsection (d), the amendments revised the Fair Credit Reporting Act (FCRA) “consumer report” exemption to clarify that most of CCPA does not apply to the sale or reporting of consumer information by a consumer reporting agency under FCRA. See, e.g., Horwich v. Superior Court, 21 Cal. Exemption for … However, the legislative history of AB 375 indicates that the CaAG estimates it will need 57 full-time staff to enforce the CCPA and that it will need to secure over $57.5 million in civil penalties to cover that cost, suggesting that enforcement may be robust. • Legislative History and Influencing Factors • Businesses Subject to the CCPA • Broad Definition of “Personal Information” • New Statutory Rights • Violations, Security Breaches, Enforcement and Private Rights of Action • Amendments and Regulations • Early Questions • Preparing for 2020 2 Finally, the amendments make a few changes to the forthcoming regulations from the Attorney General. The bill fixes these technical issues and rearranges some sections slightly. –           § 1798.150. 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