California Privacy Rights Act Qualifies for November Ballot

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Ervin Cohen & Jessup LLP

California's Secretary of State announced that the California Privacy Rights Act (“CPRA”) has qualified for the state's November ballot. Real estate mogul, Alastair Mactaggart, has done it again.  After successfully getting the California Consumer Privacy Act of 2018 (“CCPA”) passed by Sacramento in record time for fear that the CCPA would be on the November 2018 ballot, Mactaggart has once again obtained the required 623,212 signatures to do the same with the CPRA in 2020. If passed, the CPRA would build on the underlying principles of the CCPA by permitting consumers to: (1) prevent businesses from sharing personal information; (2) correct inaccurate personal information; and (3) limit businesses’ use of “sensitive personal information”—such as precise geolocation; race; ethnicity; religion; genetic data; union membership; private communications; and certain sexual orientation, health, and biometric information. The CPRA changes the criteria that certain businesses must meet in order to be required to comply with these privacy laws. The new Act would also prohibit businesses’ retention of personal information for longer than reasonably necessary; triples the maximum penalties for violations of privacy rights concerning consumers under age 16; and establishes a brand new state agency, the California Privacy Protection Agency, to enforce and implement consumer privacy laws and impose fines.

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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