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:

  1. It would have expanded the consumer’s private right of action from only certain security breaches to any violation of the CCPA.
  2. It would have deleted the 30-day cure period that enables a company to remedy an issue prior to Attorney General enforcement.
  3. 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 summaryStatus
AB 288Social media data – right to remove and prohibit sale3/20 – re-referred to Committee on Privacy and Consumer Protection
AB 1281Use of facial recognition – signage required5/8 – referred to Committees on Judiciary and Appropriations

Bills to narrow CCPA

Bill No.10-word summaryStatus
AB 25Excludes “employees” from definition of “consumer”5/9 – from Consent Calendar; ordered third reading
AB 846Clarifies non-discrimination provision to allow retail loyalty programs5/9 – vote to pass; scheduled for third reading
AB 873Expands definition of “de-identified” data, narrows definition of “personal information” to remove the term “household” 5/16 – hearing upon call of Chair
AB 874Redefines “personal information” to exclude information from government records5/9 – passed – moved to Senate; read first time and sent to Rules Committee
AB 981Exempts “insurance institutions, agents, and support organizations”5/16 – hearing upon call of Chair
AB 1146Exempts sharing between motor vehicle dealers & manufacturers5/8 – vote to pass
AB 1355Narrows disclosure requirement relating to categories of third parties 5/9 – passed – moved to Senate; read first time and sent to Rules Committee
AB 1416Permits use of data to prevent fraud or illegal activity5/17–amended and ordered to third reading
AB 1564Decreases the number of methods businesses are required to provide consumers to submit requests for information (from two to one)5/8 – vote to pass

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