CCPA Regs Completed…on to CCPA on Steroids

As you may recall, the California Consumer Privacy Act (“CCPA”) requires the California Attorney General (“Attorney General”) to adopt initial regulations (which is the guide to interpreting the California Consumer Privacy Act (“CCPA”)) by July 1, 2020. The process to adopt a regulation is rather complicated in California. It requires the Attorney General to submit the regulations to the California Office of Administrative Law (“OAL”) who can take up to 90 days to review for conflicts, constitutionality and clarity amongst other things. OAL may recommend changes, add text or issue a final approval. This approval is required before the Attorney General can adopt or bring enforcement actions for violation of the regulations. The Attorney General delayed submission of the final regulations and final “Statement of Reasons” (explanations of the Attorney Generals understanding of the regulations) to the OAL until June 1, 2020. If it is true to its 90-day review period, the regulations cannot be adopted timely. Because they have not been adopted, the Attorney General cannot enforce actions for violations of the regulations. Thus, explains why the Attorney General has requested priority over the other 90+ proposed regulations current before the OAL. There is no guarantee of approval by July 1, 2020, but that has not stopped the Attorney General from announcing enforcement of the CCPA will begin on July 1, 2020, despite numerous requests from the industry for a delay.