Recently businesses and advertising trade groups wrote a letter to the California Attorney General Xavier Becerra to request delayed enforcement of the California Consumer Privacy Act (CCPA) as a result of the COVID-19 global pandemic. The letter cited the current health crisis as a result of COVID-19 and a state of national emergency as the first reason to delay enforcement. The letter seeks a reprieve from enforcement actions given the pressures and stressors placed on organizations due to COVID-19 and the delay would allow businesses to prioritize the needs and health of their workforce rather than focus on using those resources to “avoid costly and resource intensive enforcement actions.” The letter also cites the rapid switch to a remote workforce due to the crisis, thus making it more difficult to develop and test necessary systems and processes to comply with CCPA.

The second reason given for the request to delay enforcement focused on the status of the CCPA draft regulations which are still pending and have not yet been finalized. The letter points out that it takes time for businesses to create procedures and processes to comply with CCPA which is more challenging when the regulations are still pending. The letter also points out that with each version of the draft regulations, compliance responsibilities have changed, ultimately making the time frame to implement the regulations even shorter before the current July 1, 2020, CCPA enforcement date.

The letter asks that the Attorney General delay enforcement of the CCPA until January 2, 2021. Thus far, it has been reported that the Attorney General’s Office has no current plans to delay enforcement.

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