CCPA Enforcement Begins Without Final Rules

Despite efforts by advertisers and agencies to delay implementation, California Wednesday (July 1) began enforcement of its California Consumer Privacy Act (CCPA), the new data privacy law that gives the state's consumers more control over the collection and use of their online information, including opting out of collection without being discriminated against because of that decision. 

Related: CCPA Final Rules Submitted

The law has actually been in effect since Jan. 1, but the state had still been working on just how to enforce it. In fact, the final regulations have yet to be approved by the California Office of Administrative Law, but just as businesses have been subject to the law since January without specific rules of the road, enforcement will begin without official sign-off, either, Attorney General Xavier Becerra signaled. 

"The Attorney General plans to begin enforcement of the CCPA starting July 1, 2020," his office said in an email. "Businesses subject to CCPA were required to begin complying with the law on January 1, 2020. Proposed final regulations under the CCPA were submitted to the California Office of Administrative Law on June 1, 2020 and are currently pending approval. Our office is committed to enforcing the law starting July 1," Becerra said. 

The Association of National Advertisers had called for delaying implementation of the regs-citing their impact on journalism and the COVID-19 pandemic as reasons.

Related: ANA Tells Hill That CCPA Rules Threaten Health of Journalism 

Under the law, consumers have a: 

Right to Know – "Consumers may request that a business tell them what specific personal information they have collected, shared or sold about them, and why it was collected, shared, or sold. 

Right to Delete — "Consumers may request that a business delete personal information that the business collected from the consumer, subject to some exceptions.

Right to Opt-Out — "If a business sells their personal information, consumers may request that it stop doing so.

Rights for Minors — "A business cannot sell the personal information of minors under the age of 16 without their permission and, for children under 13, without parental consent.

Right to Non-Discrimination — "A business may not discriminate against consumers who exercise their rights under the CCPA."

Smaller businesses and ones who do not make their money primarily from data collection are exempt. The law applies to businesses with gross annual revenue of $25 million that buy, collect or sell personal information of at least 50,000 people and get at least half their revenue from selling that information.

John Eggerton

Contributing editor John Eggerton has been an editor and/or writer on media regulation, legislation and policy for over four decades, including covering the FCC, FTC, Congress, the major media trade associations, and the federal courts. In addition to Multichannel News and Broadcasting + Cable, his work has appeared in Radio World, TV Technology, TV Fax, This Week in Consumer Electronics, Variety and the Encyclopedia Britannica.