A Hot Privacy Summer: Update on State Comprehensive Privacy Law Enforcement Dates
The Statutory Language of California, Colorado, and Connecticut’s Comprehensive Privacy Laws Are Now Enforceable
On July 1, 2023, the California Consumer Privacy Act, as amended by the California Privacy Rights Act, (“CCPA”), the Colorado Privacy Act, and the Connecticut Data Privacy Act became enforceable, with some limited exceptions. The Virginia Consumer Data Protection Act has been in effect and enforceable since January 1, 2023. Utah’s Consumer Privacy Act will be enforceable on December 31, 2023. Other state comprehensive privacy laws will become effective in 2024 and 2025.
Some Relief from the Heat: The Enforcement Date of the New, Revised CCPA Regulations Now Postponed Until 2024
On March 30, 2023, the California Chamber of Commerce filed suit against the California Privacy Protection Agency (“CPPA”), arguing that the text of the CCPA itself foresaw that enforcement of regulations would not occur until 12 months after the finalization of the new, revised CCPA regulations. The California state court agreed with the California Chamber of Commerce and held that enforcement of each regulation within the new, revised CCPA regulations cannot occur until 12 months after they are finalized. This ruling effectively pushes the enforcement of the new, revised CCPA regulations that are finalized to March 29, 2024. Worth noting, the CCPA has only promulgated regulations for 12 of the 15 areas they have power to issue regulations on. The California state court stayed the “. . . [CPPA]’s enforcement of any [CPPA] regulation implemented . . . for 12 months after that individual regulation is implemented.” The CPPA can appeal this ruling. The CPPA has scheduled a public meeting for the week of July 14, 2023, and should provide an update. Businesses should closely monitor this development.
The ruling, however, does not restrict the CPPA or the California Attorney General’s Office from enforcing the CCPA itself or the portions of the current CCPA regulations that predated the passage of the California Privacy Rights Act ballot initiative.
Written by Will Davis, Associate Attorney and Blake Lines, Associate Attorney
