Consistent with California’s history of prioritizing consumer privacy protections, Proposition 24 (full text here), a.k.a the California Privacy Rights Act (“CPRA”), was placed on the November ballot and handily approved by voters last week. The measure’s background itself indicates that the CPRA was being put forward to make privacy more transparent to users, similar to “ingredient labels on foods.” Background information also indicates a willingness to strengthen privacy rights over time rather than diluting them (particularly as regards to children), and in fact this push for increased transparency and protection is consistent with how certain platforms are requiring clearer policies (we discuss Apple’s new requirements here). While the CPRA will be fully effective and enforceable January 1, 2023, certain provisions take effect earlier and have a look-back provision. Businesses should start to familiarize themselves with the new or updated definitions and additional requirements contained in the CPRA.
Continue Reading Voters Approve the California Privacy Rights Act: What Businesses Need to Know

As if businesses did not already have enough to address with the COVID-19 pandemic and compliance with the California Consumer Privacy Act (the “CCPA”), businesses need to consider the California Privacy Rights Act (the “CPRA”), which will almost certainly be on the November ballot. Structured as an amendment to the CCPA and also known as “CCPA 2.0”, the CPRA ballot initiative was spawned by Alastair Mactaggart. You may recall Mr. Mactaggart as the real estate developer who submitted a ballot initiative that resulted in a negotiation with the state legislature to replace the initiative with the CCPA. If the CPRA is passed and becomes law, it would be effective and enforceable January 1, 2023, with certain provisions having a look-back provision.

The CPRA would establish a new category of “sensitive data” that is reminiscent of the GDPR’s definition of special categories of data but it is much broader. The definition is overly-inclusive, spanning from race, religion, and sexual orientation to financial account information and government identifiers (e.g., social security numbers). Consumers could choose to limit the use, sale and sharing of their sensitive data. Additional links on business websites may be required to “Limit the Use of My Sensitive Personal Information” in addition to the current “Do Not Sell My Personal Information” link that some businesses must now include under the CCPA.
Continue Reading The California Privacy Rights Act: CCPA Part Two