California’s Proposition 24 – CCPA 2.0 Meets the California GDPR
- Proposition 24 is known as the California Privacy Rights Act of 2020 (CPRA). It is on the ballot in California on November 3, and if it passes it will amend and expand certain provisions of the California Consumer Privacy Act (CCPA).
- Two provisions in particular are very GDPR-like; specifically, the creation of the California Privacy Protection Agency (CPPA), which will become the regulator charged with implementing and enforcing both the CCPA and CPRA, and the expanded definition of sensitive personal information.
- CPRA creates a new category of data, similar to GDPR, for sensitive personal information.
- The CPRA requires businesses that sell or share personal information to provide notice to consumers and a separate link to the “Do Not Sell or Share My Personal Information” webpage and a separate link to the “Limit the Use of My Sensitive Personal Information” webpage or a single link to both choices.
- The CPRA triples the fines set forth in CCPA for collecting and selling children’s private information and requires opt-in consent to sell personal information of consumers under the age of 16.
- The CPRA expands the consumer’s private right of action to include a breach of a consumer’s email address and password/security question and answer.
- The above is NOT ALL INCLUSIVE.
JDSUPRA | October 30, 2020