On September 23, the California governor signed SB 1121, a bill amending the California Consumer Privacy Act of 2018 (the Act) enacted on June 28. (See Buckley Sandler Special Alert here.) The Act, which carries an effective date of January 1, 2020, on most provisions, sets forth various requirements for businesses that collect, transfer, or sell a consumer’s personal information. Among other changes, SB 1121 makes the following amendments to the Act:

  • The bill requires businesses that collect a consumer’s personal information to disclose the consumer’s right to delete personal information in a form that is reasonably accessible to the consumer;
  • The bill clarifies that the requirements imposed and rights afforded to consumers by the Act should not be interpreted in a way that infringes on a business’s ability to comply with federal, state, or local laws or that conflicts with the California Constitution;
  • The bill prohibits application of the Act to personal information collected, processed, sold, or disclosed pursuant to a specified federal law relating to banks, brokerages, insurance companies, and credit reporting agencies or pursuant to the California Financial Information Privacy Act;
  • The bill clarifies that the only private right of action permitted under the Act is a private right of action for violations of the data breach provisions involving a consumer’s nonencrypted or nonredacted personal information and only to the extent that the business’ failure to maintain reasonable security measures caused the breach;
  • The bill eliminates the requirement that plaintiffs notify the California Attorney General prior to proceeding with private litigation under the Act;
  • The bill limits the civil penalties that the California Attorney General may assess for violations to $2,500 per violation or $7,500 per intentional violation; and
  • The bill prohibits the California Attorney General from bringing an enforcement action under the Act until the earlier of either July 1, 2020, or six months after the publication of the final regulations.