As the nation closely watches the election results coming in, the majority of votes counted in California suggest that the California Privacy Rights Act of 2020 (“CPRA”, or commonly known as “CCPA 2.0”), is on track to pass. Proposition 24 under the California General Election, as of the information available to us at the time of this blog post, is likely to pass with 6,342,807 (56.1%) votes in favor and 4,966,086 (43.9%) votes against, with 99.0% of the precincts partially reporting.
The CPRA would amend the CCPA and require businesses to:
- not share a consumer’s personal information upon the consumer’s request;
- provide consumers with an opt-out option for having their sensitive personal information used or disclosed for advertising or marketing;
- obtain permission before collecting data from consumers who are younger than 16;
- obtain permission from a parent or guardian before collecting data from consumers who are younger than 13; and
- correct a consumer’s inaccurate personal information upon the consumer’s request.
If passed, the CPRA would become operative on January 1, 2023, and would only apply to personal information collected after January 1, 2022.