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California Consumer Privacy Act Rulemaking process California Consumer Privacy Act Rulemaking process

Bronze medal Reporter Adv Stanlin Posted 11 Jan 2019 Post Comment Visitors: 92 Read More News and Blogs
California Consumer Privacy Act Rulemaking process

The California Department of Justice (DOJ) announced that it would hold “six state-wide forums to gather feedback” in advance of the rulemaking process for the California Consumer Privacy Act (CCPA).  The announcement did not enclose suggested rules or regulations, which must be taking on by July 1, 2020. The California Attorney General's office will validate its work cut out for it in evolving the regulations underlying the CCPA.  Since the CCPA has been taking on, there’s been a groundswell of backing and criticism of the regulation, going from interpretive issues to definitional.  For example, taking the des c r i p tion of “consumers” in the CCPA, issues have been raised up as to whether or not it consists of a regulated company’s own employees.

And to take a nefarious example, despite recent changes to the CCPA, critics have complained that the CCPA – as currently drafted – might permit potential criminals to “opt out” of the use of their data for the investigation of crimes.

In adding, when consumer movements his or she human rights under the CCPA, businesses may not “discriminate against” that consumer, subject to a few exceptions. For case in point, a business cannot reject goods or services to the consumer or charge altered prices or rates intended for goods or services.  At the same time, the CCPA says that businesses can charge a different price or rate if that difference is “practically related to the value provided to the consumer by the consumer’s data.”  Critic’s criticism that it’s unclear what amounts as consumer data “reasonably related to value provided” such that companies can price tell apart against consumers that “exercise” their rights under the CCPA.  The California DOJ must resolve these questions, and many others, despite what it says are a absence “of resources” to “carry out this rulemaking – or even its putting into practice thereafter.”

But for the time being, the California DOJ will hold the public forums in January and February, across California.  And, in advance of the forums, the agency “invites all attentive persons and parties to submit comments regarding the CCPA regulations.”

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