The California Consumer Privacy Act 2018, or CCPA, took effect on 1 January 2020. The CCPA protects the rights of California consumers and gives them new data privacy and online rights. These new privacy rights include the right to know what information is held and used, the right to delete personal information, the right to opt-out of the sale of personal information (called “Do Not Sell”) and the protection from discrimination for individuals who exercise their CCPA rights. The California Attorney General is the CCPA regulator. Regulator enforcement beings on 1 July 2020. California is the world’s fifth largest economy and is home to some of the world’s most innovative companies and discerning consumers.

  1. How can we plan for CCPA enforcement, during Covid-19?

The regulator, the California Attorney General can enforce the CCPA after 1 July 2020 but can look back to January 1, 2020 when making enforcement decisions. The coronavirus covid-19 pandemic period is included. Companies and organisations need to document their pre Covid-19 CCPA compliance steps as well as the changes made to these compliance programmes by the impact of Covid-19.

  1. How important are data flow mapping and personal information inventories?

Data flow mapping and the creation of personal information inventories are key to CCPA compliance. There are many ways to create these and work from General Data Protection Regulation (GDPR) compliance activities can help. As part of this process, the approach taken by key suppliers, such as making CCPA rights available to all citizens across the USA or worldwide, will impact your company’s or organisation’s risk profile.

  1. What are the key areas we should spend time on at this stage?

The CCPA, like similar laws, places consumers and users personal information at the centre of data governance. Companies and organisations should focus on consumer touch points including privacy policies, consumer notices, consumer opt-out mechanisms, terms of service and data subject rights processes. It is very important that companies and organisations put in place and test their identity verification processes. For App-only companies and organisations or those with a lot of App-based customers, developing just-in-time consent notification solutions is a CCPA requirement that can lead to real and lasting consumer innovations.

  1. What should be our approach to CCPA and cybersecurity?

Where there is change, uncertainty or fear, cybercrime and cybersecurity incidents rise. CCPA requires substantial changes to data governance and data flows, which is significantly affected by the impact of coronavirus covid-19. Companies and organisations should strengthen their information security defences to reduce the impact of phishing attacks, impersonation, fraudulent CCPA applications and social engineering that uses the CCPA as a trigger.

  1. What are the steps to take to prepare for the next stages of privacy changes in California?

The California Attorney General will publish the finalised CCPA enforcement regulations in the coming weeks for agreement. Federal and California state-level coronavirus covid-19 rules will impact consumers across a range of sectors affected by CCPA. There are plans to submit a new California Privacy Rights Act (CPRA) into the November 2020 ballot to extend the scope of CCPA. Companies and organisations should avoid CCPA programme mission creep, especially as the global economy cools. Speculative or draft privacy changes should be monitored and assessed, but not confuse or detract from core CCPA compliance.

Further Information:

PrivacySolved Briefing: Five Key Things to Know about California Consumer Privacy Act (CCPA)

California Attorney General CCPA Resources

Californians for Consumer Privacy CPRA Resources

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