CCPA 2.0: California Privacy Rights Act Qualifies For November Ballot

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As businesses continue to prepare for the enforcement of the California Consumer Privacy Act (CCPA) on July 1 and digest the recently released California Attorney General regulations, a new challenge has appeared on the horizon - the California Secretary of State announced on June 25, 2020 that the California Privacy Rights Act (CPRA), an initiative that would replace and expand the CCPA, has qualified for the November 2020 ballot. 

If passed by California voters, the CPRA would further strengthen the CCPA by, among other things: (1) creating and adding restrictions around a new category of personal information known as “sensitive personal information” (which would include geolocation data); (2) introducing a right to correct; (3) requiring new opt-in measures; (4) tripling fines for certain violations; and (5) creating a new administrative enforcement agency called the California Privacy Protection Agency. The initiative would also limit the ability of law makers to weaken privacy protections in the future.

Organizations subject to the CCPA should keep their eye on the CPRA and begin planning for the possibility that the CPRA may pass or, at a minimum, impact how the CCPA itself is enforced.

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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