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On September 22, 2021, the newly formed California Privacy Protection Agency (“CalPPA”) released the Invitation for Preliminary Comments on Proposed Rulemaking Under the California Privacy Rights Act (“CPRA”) of 2020. CalPPA was established by the CPRA.  The CPRA provided CalPPA with full administrative power, authority, and jurisdiction to implement, enforce, and update the CPRA [1].
CalPPA is seeking input from stakeholders in developing California’s privacy regulation.  Comments are open to the public until Monday, November 8, 2021.  CalPPA has invited comments on any area in which the CalPPA has authority to adopt rules[2], but is particularly interested in receiving comments on key new and undecided issues relating to the California Consumer Privacy Act, as amended by the CPRA.  These topics include[3]:

  • Processing that Presents a Significant Risk to Consumers’ Privacy or Security; Cybersecurity Audits and Risk Assessments Performed by Businesses
  • Automated Decision making
  • Audits Performed by CalPPA
  • Consumers’ Rights to Delete, Correct, and to Know
  • Consumers’ Rights to Opt-Out of Selling or Sharing of Their Personal Information
  • Consumers’ Rights to Limit the Use and Disclosure of their Sensitive Personal Information
  • Information to Be Provided in Response to a Consumer Request to Know (Specific Pieces of Information)
  • Definitions and Categories (Information and Activities)

CalPPA has released a set of tips for submitting effective comments.  CalPPA will post further information on its rulemaking process here.

The CPRA authorized CalPPA to regulate on a wide range of data protection and privacy matters; entities should consider the effects of coming regulation on their operations and submit comments before the fast-approaching deadline, November 8.

[1] California Civil Code §1798.199.10(a); § 1798.185
[2] Invitation for Preliminary Comments on Proposed Rulemaking Under the California Privacy Rights Act of 2020
[3] Invitation for Preliminary Comments on Proposed Rulemaking Under the California Privacy Rights Act of 2020

Eleazar Rundus is Counsel with Fey LLC.
Will Davis, a law clerk with Fey LLC and a law student at the University of Florida-Levin College of Law, contributed to this post 

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