CCPA Regulations Approved by Office of Administrative Law on August 14th; Effective Immediately
Tuesday, August 18, 2020
August 18, 2020
On August 14th California Attorney General Xavier Becerra announced approval by the Office of Administrative Law (OAL) of final regulations under the California Consumer Privacy Act (CCPA).
The final regulations were submitted by the Attorney General to OAL on June 1, 2020, and underwent several “non-substantive” revisions during OAL’s review process for “accuracy, consistency, and clarity,” as stated by the OAL in its Addendun to the Final Statement of Reasons. According to the press release from the Office of the Attorney General (OAG), The approved regulations went into effect immediately as noted in the Office of the Attorney General’s (OAG’s) press release.
Overall, the regulatory rulemaking process for the regulations included seven public forums, during which the OAG received over 300 letters. The OAG also held four public hearings, along with a 45-day comment period and two subsequent 15-day comment periods. These comment periods resulted in the submission of over 1,000 public comments.
The OAG withheld some sections of the originally proposed regulations from the submission to the OAL. The office stated that the provisions removed by the OAG could be resubmitted after further review.
The withheld provisions include:
- Obtaining a consumers’ explicit consent before using their personal information for any new business purpose.
- Requiring businesses that mainly use off-line communication to tell customers about opt-out rights through paper notices or signs directing them to a website policy.
- Standards for opt-out requests and a generalized prohibition on methods impairing opt-outs.
- Provisions regarding proof of authority from a customer’s agent.