As technology transforms our lives, consumers are looking to businesses not only for innovation but to manage their data responsibly. All aspects of a privacy program that are exposed to the public should be handled lawfully and ethically in these ever-changing times. But to address these consumer concerns, companies can also improve the privacy user experience (UX) and extend a greater sense of transparency throughout their digital landscape.
Businesses have endured many challenges amid the COVID-19 pandemic and they have voiced their concerns loud and clear around the enforcement phase of the California Consumer Privacy Act (CCPA). However, one thing remains clear, the California Attorney General has consistently reaffirmed his intention to begin enforcing regulations under the CCPA on July 1, 2020 and CCPA is now enforceable!
The California Privacy Rights Act (CPRA) officially makes the November ballot for the 2020 elections. After the Californians for Consumer Privacy advocate group filed a Writ of Mandate, it led to a hearing before the Sacramento Superior Court on Friday, June 19, 2020. Judge Change of the Sacramento Superior Court ruled in favor of the advocacy group to ensure the delay of verifying signatures would not stand in the way of CPRA.
California Privacy Rights Act (CPRA)
The California Privacy Rights Act (CPRA) inches closer and closer to the November 2020 ballot. With the number of signatures being verified, Los Angeles County was the latest county added to the statistical total of 75 percent. The current status stands at an impressive 78 percent of the overall signatures confirmed so far. Although not entirely in the clear, it appears that the CPRA ballot initiative will likely make it to the 2020 ballot, which means additional updates to the existing CCPA law are possible.
As the world tries to adjust to this "new normal," many are wondering how businesses will resume a normal or phased approach to re-opening. With strict new guidelines for social distancing, the Center for Disease Control (CDC) recommends daily health checks in the workplace, and that all companies implement an updated plan that reduces exposure to COVID-19.
As the proposed amendment California Privacy Rights Act (CPRA) teeters on the edge of uncertainty, so could the enforcement date for the California Consumer Privacy Act (CCPA). The California attorney general has previously stated that the enforcement date for the CCPA will begin July 1, 2020, leaving many businesses rushing to ensure they meet CCPA compliance to avoid potential fines. However, the attorney general's draft for the proposed enforcement regulation needs to be submitted to the state Office of Administrative Law (OAL) for review along with the State Administrative Procedures Act to enforce such regulations.
Truyo adds a fresh perspective to virtual events, with the launch of the Privacy Leaders Circle. This new nationwide network will bring privacy decision-makers together, during this new era of social distancing, as they engage in peer-to-peer dialogue and share their best practices without ever leaving home. With the CCPA enforcement right around the corner starting July 1, 2020, CCPA compliance is top of mind for organizations as the Attorney General of California stated he is not extending the enforcement date.
Despite missing the April 21, 2020 target date, the advocacy group, Californians for Consumer Privacy, is still moving forward with their attempt to qualify the California Privacy Rights Act (CPRA) on the November 2020 ballot. This new ballot initiative has until June 25, 2020, to get at least 623,212 signatures verified by state and county officials but it’s a complicated and perilous process to secure a spot in the general elections, as explained by Michael Hellbusch from Rutan & Tucker.
Did Mactaggart fail to submit signatures in time for the California Privacy Rights Act (“CPRA”) to be on the ballot for the November 3rd election? It is very possible he did.
California law requires a proposed initiative to be certified for the ballot by the Secretary of State at least 131 days before the next general election at which it is to be submitted to the voters, in this case, the November 3, 2020 election. That means that the CPRA must be issued a certificate of qualification for the ballot by June 25, 2020. Any proposed initiative that is not certified on or before that date will not be placed on the ballot. Because of this hard deadline, initiative proponents like Mr. Mactaggart are advised to provide themselves with sufficient time to complete the necessary requirements to be on the ballot. This includes factoring in the time it takes for government officials to perform the required tasks of counting and verifying petition signatures.
While the COVID-19 pandemic has forced many organizations to conduct business remotely, this did not interfere with Japan moving forward with updating their privacy law. Recently, the Japanese Cabinet approved a bill to revise the Act on the Protection of Personal Information (APPI), which would broaden a data subject's powers to exercise control over their data and establish a system to facilitate a company's internal use of data.