On January 1, the California Consumer Privacy Act (CCPA) went into effect giving all Californians new privacy rights. This highly-anticipated state law provides residents with the right to
- know whether and what personal information a business has been collected about them
- ask a business to delete any personal information that it has collected about them
- download their data (to take to a different service)
- opt out of the sale of their personal information
- opt in to information selling for minors
- not be discriminated against
While Californians can exercise their new rights now, the CCPA story is far from over.
Regulations and Enforcement
The California Attorney General’s (AG) office will issue regulations and begin enforcing the law in July 2020. These regulations will provide guidance on how the AG interprets and intends to enforce the law (e.g. clarifying how a business must give notice or allow individuals to exercise their rights).
New Data Broker Registry
Companies that collect and sell the personal information of people with whom they don’t have a direct relationship will soon be required to register with the AG. By increasing the visibility of such companies, the registry is expected to better equip individuals to opt out of the sale of their information.
Changes to the CCPA
In the coming weeks, legislation to amend the CCPA will likely be introduced. There is also a possibility CCPA changes may make it onto the ballot this November. Californians for Consumer Privacy (the organization behind the initiative that spurred the CCPA) has filed a new initiative—the California Privacy Rights Act—that would amend the current law.
Impact Outside California
Although the CCPA is a California state law, some companies (like Microsoft) have announced that they will extend its protections to individuals nationwide. Other states are actively considering their own privacy legislation—borrowing various concepts from the CCPA. Additionally, the CCPA has added to the pressure on Congress to consider privacy legislation at the national level, and a number of lawmakers have introduced bills.