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Financial Services Law Insights and Observations
CPPA says comments on modified draft privacy rules due November 21
On November 3, the California Privacy Protection Agency (CPPA) Board officially posted updated draft rules for implementing the Consumer Privacy Rights Act of 2020, which amends and builds on the California Consumer Privacy Act of 2018. The draft rules were previously released in advance of a CPPA Board meeting held at the end of October (see previous InfoBytes coverage here for a detailed breakdown of the proposed changes). A few notable changes between the versions include:
- A requirement that a business must treat an opt-out preference signal as a valid request to opt out of sale/sharing for not only that browser or device but also for “any consumer profile associated with that browser or device, including pseudonymous profiles.”
- A requirement that if a business does not ask a consumer to affirm their intent with regard to a financial incentive program, “the business shall still process the opt-out preference signal as a valid request to opt-out of sale/sharing for that browser or devise and any consumer profile the business associates with that browser or device.” However if a consumer submits an opt-out of sale/sharing request but does not affirm their intent to withdraw from a financial incentive program, the business may ignore the opt-out preference signal with respect to the consumer’s participation in the financial incentive program.
- The addition of the following provision: “As part of the Agency’s decision to pursue investigations of possible or alleged violations of the CCPA, the Agency may consider all facts it determines to be relevant, including the amount of time between the effective date of the statutory or regulatory requirement(s) and the possible or alleged violation(s) of those requirements, and good faith efforts to comply with those requirements.”
Comments on the amended draft rules are due November 21 by 8 am PT.