Just when you thought you finally had a handle on CCPA compliance, the California Attorney General has proposed additional modifications to the regulations that recently became final on August 14. Fortunately, the changes are minor. More significant changes to the CCPA may be just around the corner, though, if California voters approve the California Privacy Rights Act Initiative on November 3.
On October 12, 2020, California Attorney General Xavier Becerra released a new set of proposed modifications to regulations implementing the California Consumer Privacy Act (CCPA). Specifically, the modifications would:
- Require that “[a] business that collects personal information in the course of interacting with consumers offline… provide notice by an offline method that facilitates consumers’ awareness of their right to opt-out” of the sale of their information. Pursuant to this requirement, “a brick-and-mortar store [could] provide notice by printing the notice on the paper forms that collect the personal information or by posting signage in the area where the personal information is collected directing consumers to where the notice can be found online.” In addition, “[a] business that collects personal information over the phone [could] provide the notice orally during the call where the information is collected.”
- Allow a business to “require [an] authorized agent to provide proof that the consumer gave the agent signed permission to submit [a] request” to know or a request to delete. The existing language permits the business to require the consumer to “provide the authorized agent signed permission to” submit a request to know or a request to delete.
The proposed modifications will be subject to a round of notice and comment. The deadline to submit written comments is October 28, 2020 at 5:00 p.m. PDT.