The California Consumer Privacy Act ("CCPA") was put together quickly (in approximately one week) as a political compromise to preempt a proposed privacy ballot initiative that contained a number of problematic provisions. (For more on the history of the CCPA, you can find a timeline on page 2 of BCLP’s Practical Guide to the CCPA). Given its hasty drafting there were a number of areas in which the act was at best ambiguous; at worst it would lead to unintended results.
Since its passage there have been more than fifteen proposed amendments to the CCPA. Some of those proposals would impose further regulatory and administrative burdens on business; other proposals have sought to clarify ambiguities and address business impracticalities. On August 31, 2018, the California legislature passed the first amendment to the Act in the form of Senate Bill 1121. Last week an additional six amendments passed the legislature. While some of those amendments marginally improve the Act, there remain a great number of problems with the statute. In addition, there has been a large number of misreports concerning the scope and import of the amendments.
While the following provides a summary of each amendment, BCLP will be publishing a series of frequently asked questions that address how the amendments impact compliance with the Act.
Summary of the Amendments to the CCPA