This week the California State Assembly’s Privacy and Consumer Protection Committee voted to advance several bills amending the CCPA – suggesting that legislative clarifications of CCPA requirements may pass this year. To be clear, these amendment bills are not law just yet, simply actions taken by a committee to advance proposed changes through the legislative process. Some of the most notable bills approved include:

A.B. 25 (Chau) [Key change]

Updating the current CCPA to make it clear that employees are not “consumers” for purposes of the CCPA and addressing some of the concerns with household data.

A.B. 846 (Burke) 

Adding amendments that make loyalty programs exempt from the CCPA’s “non-discrimination” restrictions.

A.B. 873 (Irwin) [Key change]

Clarifying personal and de-identified information.  In particular, a reasonableness standard has been added to make it clear that not all information capable of being associated with an individual or household will be personal information.  Further, the de-identification standard would be shifted to the FTC “reasonably linkable” de-identification definition which is better understood.

A.B. 874 (Irwin)

Redefining “publicly available” to mean information that is lawfully made available from federal, state, or local records to ensure there is a public record exemption from the definition of “personal information.”

A.B. 981 (Daly)

Adding new requirements in the Insurance Code.

A.B. 1146 (Berman)

Adding a carve out from do not sell and deletion for auto warranty and recall situations.

A.B. 1355 (Chau)

General cleanup of mistakes and confusion in the current language.

A.B. 1564 (Berman) 

Updating the current CCPA requirement that businesses must establish a toll-free number to receive CCPA requests, to a requirement that they must provide a toll-free number or an email address.

So, where do we go from here?  To the Senate Judiciary Committee. It is unlikely that all of these House Bills will pass through the Senate Judiciary Committee at all or without revision.  Want to learn more?  Stay up-to-date with these changes by following OneTrust’sCalifornia Consumer Privacy Act (CCPA) Amendment Tracker.

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