The California Privacy Protection Agency Board (the “Board”) held a public meeting on February 3, 2023, adopting and approving the current set of draft rules (the “Draft Rules”), which implement and clarify the California Consumer Privacy Act of 2018 (“CCPA”) as amended by the California Privacy Rights Act of 2020 (“CPRA”). The Draft Rules cover many CCPA requirements, including restrictions on the collection and use of personal information, transparency obligations, consumer rights and responding to consumer requests, and service provider contract requirements. At the meeting, the Board also addressed additional proposed rulemaking processes concerning cybersecurity audits, risk assessments, and automated decision-making. 

According to the Board, the Draft Rules are substantively unchanged from the most recent prior draft. Philip Laird, the General Counsel of the CPPA, indicated that the current rulemaking package would be submitted to the California Office of Administrative Law (“OAL”) for approval in approximately two weeks, after which OAL will have thirty business days to complete its review. If the OAL requires revisions to the proposed rules, those revisions will need an additional notice and comment period. Although, at its prior meeting, the Board estimated that the rules might be implemented in April 2023, during the meeting on February 3, 2023, no expected implementation date was provided.

At the meeting, the Board also authorized the release, for public comment, of a “discussion draft” of Preliminary Comments on Proposed Rulemaking for Cybersecurity Audits, Risk Assessments, and Automated Decision-Making. In the discussion draft, the Board seeks public comment, among other things, on current “gaps or weaknesses” in laws or regulations governing CCPA-covered businesses as to cybersecurity, risk assessments, and automated decision-making. Notably, the discussion draft requests public comment on the benefits and drawbacks for accepting risk assessments that are in compliance with the EU’s General Data Protection Regulation (“GDPR”) or Colorado Privacy Act (“CPA”).

As we have previously written, the CCPA’s HR-data and business-to-business data exemptions expired on January 1, 2023. We are continuing to monitor the CCPA rulemaking process, including rules related to cybersecurity, automated decision-making, and risk assessments.

Back to Health Law Advisor Blog

Search This Blog

Blog Editors

Authors

Related Services

Topics

Archives

Jump to Page

Subscribe

Sign up to receive an email notification when new Health Law Advisor posts are published:

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.