On December 10, 2020, the California Attorney General (“AG”) proposed some minor modifications to the regulations implementing the California Consumer Privacy Act of 2018 (“CCPA”). The modifications were published in response to comments received by the AG following publication of the previous set of proposed modifications on October 12, 2020.

Specifically, the new changes:

  • Propose a design for an opt-out icon that must be included in addition to (not in lieu of), and next to the “Do Not Sell” opt-out notice; and
  • Revise portions of the regulations relating to notice of the right to opt-out in order to highlight alternative methods of providing such notice (such as posted notices and notices over the phone).

The new opt-out icon (a blue stylized toggle icon) was developed by researchers from Carnegie Mellon University’s CyLab (CyLab) and the University of Michigan’s School of Information. As reported by CyLab, late last year researchers developed and tested dozens of icons to identify how to best communicate privacy choices to consumers.

Documentation related to the opt-out icon testing and related empirical analysis has been added to the rulemaking record here.

The comment period for the proposed regulations ends at 5:00 pm PST on December 28, 2020.