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California Privacy Protection Agency seeks preliminary comments on CPRA proposed rulemaking

Privacy/Cyber Risk & Data Security State Issues California CPPA CPRA Agency Rule-Making & Guidance

Privacy, Cyber Risk & Data Security

On September 22, the California Privacy Protection Agency (CPPA) formally called on stakeholders to provide preliminary comments on proposed rulemaking under the California Privacy Rights Act (CPRA). The CPRA, which established the CPPA to administer, implement, and enforce the act, was approved by ballot measure in November 2020 (covered by InfoBytes here) and updated the existing California Consumer Privacy Act. The invitation for comments highlights several areas of interest for the CPPA as it begins the rulemaking process, including topics related to: (i) cybersecurity audits and risk assessments to be performed by businesses processing personal information that presents a significant risk to consumers’ privacy or security; (ii) matters concerning automated decision-making; (iii) audits performed by the CPPA; (iv) issues related to consumer rights, including consumers’ right to delete, right to correct, and right to know what personal data has been collected or shared, as well as consumers’ rights to opt-out of the selling or sharing of their personal information and to limit the use and disclosure of their sensitive personal information; (v) information to be provided when responding to a consumer’s request to know; and (vi) definitions and categories of information and activities, including what updates or additions should be added to “personal information,” “sensitive personal information,” “precise geolocation,” and “dark patterns,” among other terms. Comments must be submitted by November 8.

The CPRA will become effective January 1, 2023, with enforcement delayed until July 1, 2023. However, the CPRA will apply to personal information collected by a business on or after January 1, 2022. The CPPA notes that this invitation for comments is not a proposed rulemaking action and states that the public will have additional opportunities to provide comments on proposed regulations or modifications when it proceeds with a notice of proposed rulemaking action.

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