California attorney General Xavier Becerra has submitted the proposed regulations for implementing the California Consumer Privacy Act.
That is the law that attempts to fill what its backers see as the consumer privacy void left by the FCC. It provides consumers with "the right to know, the right to delete, and the right to opt-out of the sale of personal information that businesses collect, and includes additional protections for minors."
The regulations give business guidance on how to comply with the new data privacy regs and create procedures for compliance and accountability.
The AG's office said the regs do the following:
1) "They explain how businesses are required to notify consumers of their rights under CCPA either at or before the point of data collection.
2) "They address how businesses should handle consumer requests about their data.
3) "They clarify how businesses can verify consumers’ identities as they receive those information-related requests.
4) "They explain how businesses can handle requests concerning information on behalf of children under age 16.
5) "They lay out what businesses need to do to avoid discriminating against customers who choose not to allow their data to be stored or sold."
The regs were submitted to the California Office of Administrative Law (OAL), which will have until sometime in September to determine whether they square with the Administrative Procedure Act.
The law has already been in effect since Jan. 1, even though the implementing regs were not finished, and the regulations go into effect July 1, even though the California OAL will still be vetting them.
Ad industry groups have suggested that is putting the cart before the horse to the detriment of businesses unsure of how to proceed given what could be a moving target.
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--but that does not appear to be happening.
“As our lives increasingly move online, our data privacy becomes more important than ever," said AG Becerra. "The California Consumer Privacy Act, which gives consumers choice and control over personal information in the marketplace, is game-changing and historic. Our regulations provide businesses and individuals with guidance on how to protect that choice and boost transparency, while continuing to unleash innovation. Businesses have had since January 1 to comply with the law, and we are committed to enforcing it starting July 1.”
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