Purvi G. Patel, Nathan D. Taylor, and Joseph Roth Rosner
Consumer Litigation, Consumer Products, and Privacy + Data Security
The California Attorney General continued its series of public forums regarding the California Consumer Privacy Act (CCPA), with forums last week in Riverside (January 24, 2019) and Los Angeles (January 25, 2019). As in the previous forums, there were a significant number of attendees, but few elected to speak publicly regarding their views on the Act. You can read our reports on the public forums held earlier this month in San Francisco and San Diego.
Lisa Kim, Deputy Attorney General for the AG’s Privacy Unit, provided opening remarks at both forums and identified the areas of the AG’s rulemaking on which speakers should focus their comments, specifically those areas of the Act that call for specific AG rules. Ms. Kim encouraged interested parties to provide written comments and proposed regulatory language during this pre-rulemaking phase. Consistent with the prior forums, she noted that the AG’s office would be listening, and not responding, to comments made in Riverside and Los Angeles.
Of note, the presentation slides made available at the forum (and available here) state that the AG anticipates publishing proposed rules in Fall 2019, after that there will be a period for public comment and additional public hearings.
Participation at the Forums
Twenty people provided comments at the Los Angeles forum, while only four made remarks at the Riverside forum. The majority of the public comments in Los Angeles, and all of the comments made in Riverside, were by business or trade association representatives. Consumer advocates provided limited comments at the Los Angeles forum.
Each speaker was allocated five minutes to speak. While some of the comments echoed those made at the previous forums, others raised new issues.
Business and industry representatives provided the following noteworthy comments regarding the AG’s rulemaking:
In addition, consumer advocates requested that the AG consider rulemaking on the following:
Upcoming Forums and Next Steps
The AG will hold three additional public forums: Sacramento and Fresno in February, and Stanford (newly added) in March. Information regarding the time and location for each of the upcoming forums can be found on the AG’s website, and anyone who would like to speak can pre-register here.
Written comments can be directed to the AG by email to firstname.lastname@example.org or by mail to California Department of Justice, ATTN: Privacy Regulations Coordinator, 300 S. Spring St., Los Angeles, CA 90013. Please visit our Resource Center for up-to-date information regarding the Act.
 When the Act was amended in September, the Legislature extended the general deadline within which the AG is directed to adopt implementing regulations from January 1, 2020 to July 1, 2020. Cal. Civ. Code § 1798.185(a), as amended. The amendment, however, potentially created a drafting issue, as several rulewriting provisions continue to require the AG to issue rules within one year of passage of the Act (i.e., June 2019). See §§ 1798.185(a)(3), (6), and (7), as amended.
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