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Financial Services Law Insights and Observations

California proposes modifying CCPA regs again

State Issues CCPA State Attorney General Consumer Protection Privacy/Cyber Risk & Data Security

State Issues

On December 10, the California Department of Justice (Department) released a fourth set of proposed modifications to the regulations implementing the California Consumer Privacy Act (CCPA). As previously covered by InfoBytes, on October 12, the Department released a third set of proposed modifications to the regulations that went into effect on August 14. The Department noted that it received around 20 comments in response to the third set of proposed modifications and the fourth set of proposed modifications is to address those comments and/or to clarify and conform the proposed regulations to existing law. Highlights of the proposed modifications include:

  • Amending Section 999.306, subd. (b)(3), to clarify that a business that sells (previously proposed as “collects”) personal information collected from consumers in the course of interacting with them offline shall inform consumers of their right to opt-out of the sale of their personal information by an offline method.
  • The addition of Section 999.315, subd. (f), which identifies a uniform “opt-out button” to be used in addition to posting the notice of right to opt-out or used in conjunction with a  “Do Not Sell My Personal Information” link.

Additionally, the Department provided notice that it added new documents and information to the rulemaking file, which was relied upon when adopting the proposed regulations.

Comments on the proposed modifications are due on December 28 by 5:00 p.m.

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