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News & Press: Sacramento Report

Lawmaker's Pass "Fixes" to California Consumer Privacy Act of 2018

Tuesday, September 18, 2018  
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In a testament to the hurried passage of AB 375 (Chau), also known as the California Consumer Privacy Act of 2018 (CCPA), in order to head off a November ballot initiative, the Legislature acted swiftly at the end of session to pass legislation seeking to clean up the CCPA in the form of SB 1121 (Dodd). The Legislation, which has been cited as a batch of technical fixes to the CCPA by the bill’s author, Senator Dodd, is currently under consideration by Governor Brown.

Among other things, SB 1121 would give the California Attorney General more time to adopt regulations an exempt from the CCPA personal information collected, processed, sold, or disclosed pursuant to the Gramm-Leach-Bliley Act and the California Financial Privacy Act. The amendments also revised the definition of personal information to more clearly define when data qualifies as personal information under the act. The legislation does not, however, clearly spell out how to interpret when data is capable of being associated with a person.

Senate Bill 1121 also allows a consumer to pursue an action without giving the Attorney General’s office advance notice. Notice to the consumer by a business of the consumer’s right to delete information has also been modified slightly to allow a notice in a form reasonably accessible to consumers.

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