BREAKING NEWS – California AG Becerra Seeks Expedited Review of CCPA Regulations

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The California AG’s office has dropped the long-awaited final CCPA Regulations, and requested expedited review from the Office of Administrative Law. If this request is granted, the regulations will be effective by July 1.

The text of the AG’s request is below:

 

WRITTEN JUSTIFICATION FOR EARLIER EFFECTIVE DATE AND REQUEST FOR EXPEDITED REVIEW

The California Consumer Privacy Act (CCPA) was enacted in 2018 and took effect on January 1, 2020. The California Consumer Privacy Act requires the Attorney General to adopt initial regulations by July 1, 2020.

To prepare the proposed regulations, the Attorney General’s Office held seven preliminary rulemaking statewide events, met with numerous stakeholder organizations, consulted with experts, conducted four public hearings, and reviewed over 300 written comment letters. The Notice of Proposed Rulemaking Action was published on October 11, 2019, and in an effort to expedite final regulations, the Attorney General is submitting its rulemaking package four months prior to the one-year deadline under the Administrative Procedure Act, codified at Government Code section 11346.4, subdivision (b). Once final regulations are adopted, the Attorney General will enforce the regulations that establish procedures to facilitate new consumer rights under the CCPA and provide guidance to businesses for how to comply.

The Attorney General’s Office requests expedited review and that these regulations become effective upon filing with the Secretary of State. While the Attorney General is mindful of the challenges imposed by COVID-19 and Governor Newsom’s Executive Order N-40-20 granting additional time to finalize proposed regulations, the Attorney General respectfully requests that the Office of Administrative Law complete its review within 30 business days, given the statutory mandate for regulations.

 

We will have an analysis of the final regulations against the last version published in March. Watch this space.

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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.

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