On December 10, 2020, California’s Department of Justice (DOJ) released another set of proposed modifications to the California Consumer Privacy Act (CCPA) implementing regulations (the “Regulations”). As we previously reported, the DOJ last issued modifications in October 2020, just two months after the Regulations were finalized and took effect.
The latest draft addresses feedback that the DOJ received in response to its October modifications, and the new edits center around consumers’ right to opt out of the sale of their personal information, both online and offline. They include:
1. Be added to the left of the “Do Not Sell My Personal Information” text;
2. Link to the same Internet web page or online location to which the consumer is directed after clicking on the “Do Not Sell My Personal Information” link; and
3. Be approximately the same size as any other buttons used by the business on its web page.
The DOJ invites comments from interested stakeholders, but the comments must be limited to the newly modified provisions only. Written comments may be submitted until 5:00 p.m. PST on December 28, 2020, by email to PrivacyRegulations@doj.ca.gov, or by mail to:
Lisa B. Kim, Privacy Regulations Coordinator
California Office of the Attorney General
300 South Spring Street, First Floor
Los Angeles, CA 90013
We will continue to monitor developments related to the CCPA rulemaking process, and in the interim, please visit MoFo’s CCPA Resource Center for additional information.