California AG Won’t Delay CCPA Enforcement, But May Exercise Prosecutorial Discretion

Fox Rothschild LLP

Fox Rothschild LLP

California’s Attorney General won’t delay enforcement of key provisions of the California Consumer Privacy Act, but will use prosecutorial discretion in enforcing them, according to its Final Statement of Reasons for the regulations.

When asked to delay enforcement of:
  • the regulations generally (including due to COVID-19)
  • user-enabled privacy controls
  • notice at collection
  • employment-related information
  • contracts with service providers; and
  • sale of personal information.
The AG responds: No delay is required because:
  • The proposed rules were released on Oct. 11, 2019, Feb. 10 and March 11 and thus businesses have been aware of the obligations imposed.
  • Many of the regulations are restatements of obligations under CCPA which went into effect on Jan. 1, 2020.
  • OAG may exercise prosecutorial discretion if warranted.
  • This permits the OAG to choose which entities to prosecute, whether to prosecute and when to prosecute.
  • How the OAG decides to exercise its enforcement authority is beyond the scope of the regulations.

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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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