Antitrust and Unfair Competition Law
CCPA: “Attorney General Amendment” Likely Dead
Jeewon Serrato, US Head of Data Protection, Privacy and Cybersecurity
Norton Rose Fulbright
On May 16, 2019, the California Senate Appropriations Committee held a hearing that included S.B. 561, the “Attorney General amendment” to the California Consumer Privacy Act (“CCPA”). The bill is being held in committee and under submission, which means the bill has been blocked and is likely dead.
The bill would have made three significant changes to the CCPA:
- It would have expanded the consumer’s private right of action from only certain security breaches to any violation of the CCPA.
- It would have deleted the 30-day cure period that enables a company to remedy an issue prior to Attorney General enforcement.
- It would have changed a provision relating to Attorney General opinions. Currently, CCPA obligates the Attorney General to answer questions regarding CCPA. The bill would have deleted that requirement and would have substituted an authorization to provide general guidance on compliance with CCPA.
Below is a summary of other key CCPA amendments that are still pending in the California legislature.
Bills to expand CCPA
| Bill No. | 10-word summary | Status |
| AB 288 | Social media data – right to remove and prohibit sale | 3/20 – re-referred to Committee on Privacy and Consumer Protection |
| AB 1281 | Use of facial recognition – signage required | 5/8 – referred to Committees on Judiciary and Appropriations |
Bills to narrow CCPA
| Bill No. | 10-word summary | Status |
| AB 25 | Excludes “employees” from definition of “consumer” | 5/9 – from Consent Calendar; ordered third reading |
| AB 846 | Clarifies non-discrimination provision to allow retail loyalty programs | 5/9 – vote to pass; scheduled for third reading |
| AB 873 | Expands definition of “de-identified” data, narrows definition of “personal information” to remove the term “household” | 5/16 – hearing upon call of Chair |
| AB 874 | Redefines “personal information” to exclude information from government records | 5/9 – passed – moved to Senate; read first time and sent to Rules Committee |
| AB 981 | Exempts “insurance institutions, agents, and support organizations” | 5/16 – hearing upon call of Chair |
| AB 1146 | Exempts sharing between motor vehicle dealers & manufacturers | 5/8 – vote to pass |
| AB 1355 | Narrows disclosure requirement relating to categories of third parties | 5/9 – passed – moved to Senate; read first time and sent to Rules Committee |
| AB 1416 | Permits use of data to prevent fraud or illegal activity | 5/17–amended and ordered to third reading |
| AB 1564 | Decreases the number of methods businesses are required to provide consumers to submit requests for information (from two to one) | 5/8 – vote to pass |