This week, the California initiative designed to amend and expand the California Consumer Privacy Act of 2018 (CCPA) has reached a notable milestone. On May 4, 2020, Californians for Consumer Privacy (the nonprofit group behind the original CCPA initiative in 2018) began submitting the required signatures to state election officials in support of Initiative 19-0021A1. This means the California Privacy Rights Act of 2020 (CPRA) is one step closer to appearing on the November 3, 2020 ballot.
If voters approve the CPRA in November 2020, it would significantly expand the scope of the CCPA as summarized below. The regulations under the CPRA would then be required to be finalized by July 1, 2022. With some exceptions, the CPRA would become operative on January 1, 2023, and enforcement powers would begin on July 1, 2023. Generally, the CPRA would only apply to personal information (PI) that is collected after January 1, 2022 (except with respect to consumer requests for access to their PI, which would apply regardless of when the PI was collected).
The CPRA would introduce new requirements that extend above and beyond those included in the CCPA and the California Attorney General’s (AG) draft regulations under the CCPA, including:
At this time, it appears likely that the CPRA will become eligible for the ballot. Californians for Consumer Privacy needed to obtain 623,212 signatures, but the group announced that it is submitting over 900,000. The group is also familiar with gathering verifiable signatures, as it previously achieved ballot eligibility in 2018, with the initiative that paved the way for the CCPA. If the signature verification process is successfully completed, the California Secretary of State will announce that the CPRA is eligible for the November ballot, at which point it will automatically appear on the ballot unless it is withdrawn by its proponents prior to June 25, 2020.
While Californians for Consumer Privacy withdrew its 2018 CCPA ballot initiative following an eleventh-hour legislative compromise that resulted in the CCPA’s passage, the group has made it clear that it believes the CCPA was “weakened” through legislative amendments thereafter—a belief that contributed to its introduction of this second ballot initiative. This may make it less likely that Californians for Consumer Privacy will accept a legislative compromise in 2020.
The full text of the latest version of the CPRA can be found online here.