An Updated Deep Dive Into Proposed Amendments To The CCPA

Husch Blackwell LLP

In March we published an extensive analysis of proposed bills that would amend or supplement the California Consumer Privacy Act (CCPA). With a number of those bills having either passed the Assembly or been withdrawn , it is a good time to update our analysis.

In the below post, we identify and analyze these bills. In doing so, we first provide a summary of where the legislative process stands. We then analyze the most significant proposed changes and takeaways. Finally, we provide a table linking to each bill, identifying the issue to which it is directed, and providing an analysis of the bill’s proposed changes.

Where The Legislative Process Stands

We have been tracking nineteen bills that would amend or supplement the CCPA. Seventeen of those bills originated in the Assembly and two originated in the Senate. The two Senate bills have failed, including SB 561, which would have expanded the CCPA’s private right of action. Thirteen of the Assembly bills have now passed that chamber. The four remaining Assembly bills have been withdrawn or not seen any movement in months.

The bills that passed the Assembly are being assigned to the Senate Judiciary Committee. That is significant. The Senate Judiciary Committee is chaired by Senator Hannah-Beth Jackson, who was the sponsor of SB 561. After that bill failed, she was interviewed by the New York Times and stated that she would fight against any bill that she perceived as weakening the CCPA:

My only goal was to make the law enforceable — whatever that law is today. And I was told, “No, no, no. We made a deal last year; we have to stick to the deal.”

So if my bill to try to make it enforceable failed because we have to stick to the deal that was made last year, efforts to undermine it, to give exclusions and exemptions — all sorts of excuses for not enforcing it — then those have to fail as well. We’ll be playing a little defense here so that we don’t end up with a bill that’s so weak it’s essentially nothing.

And it’s important, too, that we protect what we’ve got because a lot of states have looked to California.

In other words, the fact that many of these bills passed the Assembly does not mean that they are certain to pass the Senate or, even if they do, that they will pass in their current form.

What we do know is that the deadline for the legislature to pass bills is September 13. Given that the legislature takes a one month recess from July 12 to August 12, we can expect a busy four weeks in late August/early September. Also, keep in mind that the California Attorney General’s office is working on proposed regulations and has stated that it anticipates publishing a Notice of Proposed Regulatory Action in the fall.

Key Takeaways

No Reason to Delay Compliance Efforts: As we pointed out in our March analysis, there is nothing contained in the proposed bills that should cause businesses to delay compliance efforts. The CCPA’s core requirements will remain intact.

The Employee Carve-Out is Still Alive: Any business with employees in California will be happy to hear that the employee carve out bill – AB25 – passed the Assembly and is pending in the Senate.

The Expanded Private Right of Action is Dead: Businesses can breath a sigh of relief knowing that SB 561 – which would have expanded the private right of action – is dead.

Are Some Common Sense Fixes Coming?: A few of the bills discussed below are directed at fixing obvious typos in the CCPA. One such example is AB 874, which would fix a typo in the definition of “personal information” to clarify that deidentified and aggregate information is not personal information.

Beware of the Data Breach Notification Bills: Two of the bills discussed below seek to amend California’s breach notification statute. One bill would expand the types of information covered by the statute while the other would specify that notice must be provided within 45 days. Given that the CCPA allows for statutory damages for certain types of  data breaches, businesses should be closely tracking these bills.


Bill Topic Analysis
AB25 Exclusion of Certain Employment Information from Definition of Consumer

The bill would exclude certain employment-related information from the definition of consumer. The premise for this bill is that the CCPA was intended to cover consumer information, not employment information. For entities with California employees, the passage of this bill would significantly reduced their compliance burden.

The bill passed the Assembly on May 29.

AB288 Social Networking Service

This bill would have required social networking services to provide users that close their accounts the option of having their personally identifiable information permanently removed from the company’s database and records.

The April committee hearing for this bill was canceled at the request of the author.

AB846 Customer Loyalty Programs

The bill would amend § 1798.125, which currently prohibits a business from discriminating against a consumer if the consumer exercises any of their CCPA rights. The current version would exclude certain customer loyalty programs from that provision.

The bill passed the Assembly on May 28.

AB873 Deidentification

The bill would amend the CCPA’s much-criticized definition of “deidentified” to be consistent with the FTC’s three-part standard. It also would insert the word “reasonably” into the definition of personal information, (i.e., “reasonably capable of being associated with”).

The bill passed the Assembly on May 22.

AB874 Correct Definition of Personal Information / Amend Public Records Exception

The bill would correct the definition of “personal information” to clarify that it does not include deidentified or aggregate consumer information.  The bill would also amend the definition of “publicly available” by removing the following sentence:  “Information is not ‘publicly available’ if that data is used for a purpose that is not compatible with the purpose for which the data is maintained and made available in the government records or for which it is publicly maintained.”

The bill passed the Assembly on May 9.

AB950 Disclosure of Monetary Value of Consumer Data The bill would have required a business that collects a California resident’s consumer data to disclose to the consumer the monetary value to the business of the data. There has been no movement on the bill since March 4.
AB981 Insurance-related Exemption

The original bill would have exempted insurance institutions, agents, and support organizations to which the Insurance Information and Privacy Protection Act (IIPPA) applies from the CCPA. However, the version that passed the Assembly only would eliminate a consumer’s right to request a business to delete or not sell the consumer’s personal information if it is necessary to retain or share the consumer’s personal information to complete an insurance transaction requested by the consumer. The bill also would make a number of changes to the IIPPA.

The bill passed the Assembly on May 22.

AB1035 Amendment to Breach Notification Statute

The bill would require that notice of a data breach be provided within 45 days. A prior version of the bill also would have linked the “reasonable security” standard in the CCPA to NIST standards.  (See further discussion here)

The bill passed the Assembly on May 9.

AB1130 Amendment to Breach Notification Statute

The bill would expand the definition of “personal information” in California’s breach notification statute to include biometric information, tax identification number, passport number, military identification number or other unique identification number issued on a government document commonly used to verify an identity. Because the CCPA allows for statutory damages for breaches of personal information (as defined in the breach notification statute), this bill would expand the types of information subject to the CCPA’s statutory damages.

The bill passed the Assembly on May 29.

AB1146 Vehicle Information Exemption

The bill would exempt from the CCPA vehicle information, including ownership information, retained or shared between a new motor vehicle dealer and the vehicle’s manufacturer if the vehicle information is shared pursuant to, or in anticipation of, a vehicle repair relating to warranty work or a recall.

The bill passed the Assembly on May 23.

AB1202 Data Brokers

The bill would require “data brokers” to register with, and disclose certain information to, the California Attorney General. Subject to certain exemptions, data broker is defined as “a business that knowingly collects and sells to third parties the personal information of a consumer with whom the business does not have a direct relationship.”

The bill passed the Assembly on May 28.

AB1281 Facial Recognition Technology

This bill would add § 1798.300 to the Civil Code and require a business in California that uses facial recognition technology to disclose that usage in a physical sign that is clear and conspicuous at the entrance of every location that uses facial recognition technology.

The bill passed the Assembly on April 25.

AB1355 Correct Definition of Personal Information

The bill would correct the definition of personal information to clarify that deidentified and aggregate data is not personal information. The bill also would make a number of grammatical and internal cross-reference changes.

The bill passed the Assembly on May 9.

AB1416 Legal Exemptions

The bill would amend section 1798.145 to state that the CCPA does not restrict a business’s ability to (1) comply with rules or regulations adopted pursuant to and in furtherance of state or federal law, (2) provide a consumer’s personal information to a government agency solely for the purposes of carrying out a government program, including providing government services in furtherance of a government program, or (3) sell the personal information of a consumer who has opted-out of the sale of the consumer’s personal information to another person for the sole purpose of detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity, provided that the business and the person shall not further sell that information for any other purpose.

The bill passed the Assembly on May 29.

AB1564 Methods for Receiving Requests

This bill would modify § 1798.130 to provide that a business can make a toll-free number or email address and physical address available for submitting verifiable consumer requests.

The bill passed the Assembly on May 13.

AB1758 Grammatical Change The bill would make two grammatical changes.  There has been no movement on the bill since February.
AB1760 Privacy for All Act

The bill would have significantly revised and expanded the CCPA.

The bill was withdrawn in April.

SB561 Expanded Private Right of Action

The bill would have created a private right of action for violations of the CCPA, and eliminated the 30-day cure period. It also would have replaced the provision allowing businesses or third parties to seek the opinion of the AG’s office with a provision providing that the AG’s office “may publish materials that provide businesses and others with general guidance on how to comply” with the CCPA.

The bill was withdrawn on May 16.

SB753 Additional Exclusion from Definition of “Sale”

The bill would have amended the definition of “sale” to exclude instances in which, “pursuant to a written contract, the business shares, discloses, or otherwise communicates to another business or third party an online identifier, an Internet Protocol address, a cookie identifier, a device identifier, or any unique identifier only to the extent necessary to deliver, show, measure, or otherwise serve or audit a specific advertisement to the consumer” provided that the contract prohibits the other business or third party from sharing, selling, or otherwise communicating the information except as necessary to deliver, show, measure, or otherwise serve or audit an advertisement from the business.

The bill was withdrawn on April 23.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Husch Blackwell LLP | Attorney Advertising

Written by:

Husch Blackwell LLP

Husch Blackwell LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at:

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at:

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.