California Privacy Rights Act of 2020 Approved

UPDATE: On November 3, 2020, California voters approved Proposition 24, causing the California Privacy Rights Act of 2020 to become law when the California Secretary of State has certified the election results. While much of CPRA will not become operative until 2023, several key provisions become effective right away. Perhaps most importantly, California now has the funding and mechanics available to create the new California Privacy Protection Agency.

On September 29, 2020, California enacted an amendment to the CCPA to extend the exemptions for workforce and employment-related personal information and business-to-business communications. These exemptions were originally slated to expire on January 2, 2021. Now they will expire no sooner than January 2, 2022 (and even later if voters approve the California Privacy Rights Act of 2020, which is Proposition 24 on the November 3rd ballot). Also, on October 12, 2020, the California Attorney General released a third set of proposed modifications to the CCPA regulations. Comments on the proposed regulations are due on October 28, 2020. The proposed regulations provide guidance about collecting PII offline, clarify how data subject requests can be made, and provide additional protections relating to PII of minors.