Draft of California Privacy Law's Implementing Rules Released

AG Becerra seeks comment to help get it right
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California State Capitol Building

California Attorney General Xavier Becerra said Thursday (Oct. 10) that his Justice Department is releasing the draft implementing rules for California's tough new data privacy law, the (California Consumer Privacy Act (CCPA) and it will include heightened protections for data collected from anyone under 16.

That came at a Department of Justice press conference on data privacy streamed live over YouTube.

The Children's Online Privacy Protection Act's kids protections only extend to those 12 and under.

"The public and industry will get to weigh in in written comments and at four public hearings in L.A. Sacramento, San Francisco and Fresno. Dec. 6 at 5 p.m. is the deadline for comments," said Becerra. "Help us get this right," he said.

Related: California Passes New Privacy Bill

He called the bill was the effort to respond to the "rush" to mine, use and sell consumer data. He called privacy an "inalienable right" in California. He said he was determined to help them pursue and secure that right. He said the regs will allow consumers to pull the curtain back on who is using their data, and to have it deleted if they don't like what they see.

If data has value that a consumer is not aware of, in California, consumers will have a right to know. Consumers will also be able to communicate a desire to opt out of tracking, with which businesses will have to comply.

Becerra said California may be the first state in the nation with such a law, but he said it would certainly not be the last given the Trump Administration's failure to protect privacy. "We're going places we've never gone before," he said, suggesting they were doing even better than Captain Kirk.

The attorney general said he thought he had the resources to implement the law, but joked that if any of the reporters wanted to write that they could use more resources, he would not try to dissuade them.

Notice will be a critical portion of the rules, the AG's office said, and if it is not given, data can't be collected.

The law goes into effect Jan. 1, but the rules implementing and enforcing the law don't go into effect until July 1.

Becerra said the key elements of the implementing rules are:

1. Explain how businesses would be required to notify consumers under CCPA.

2. Explain how businesses would handle consumer requests about data.

3. Clarify how businesses verify the identify of consumers who request information about themselves.

4. Explain how businesses handle requests for info from kids under 16.

5. Lay out what businesses would need to do to avoid discriminating against customers who don't want their data stored or sold.

Related: Advertisers say FTC Must Cast Critical Eye on California Privacy Law

The CCPA, becomes official Jan. 1, but the rules implementing that tough new law had been expected to be released any day. That day was Thursday.

A report prepared for the attorney general estimated compliance costs for the new law at $55 billion dollars, and an additional $16.9 billion to comply with the implementing rules.

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