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California Voters Approve CPRA

By Mo Pham-Khan, Gregory P. Szewczyk & Philip N. Yannella on November 7, 2020
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On November 4, 2020, California voters approved of the ballot initiative Proposition 24, more commonly known as the California Privacy Rights Act (the “CPRA”).  The CPRA goes into effect on January 1, 2023, and will expand several of the existing protections in the California Consumer Privacy Act (the “CCPA”).

As background, the original CCPA emerged in 2018 as a compromise between legislators and the advocacy group, Californians for Consumer Privacy, which had secured a ballot measure vote for its proposed privacy law.  Californians for Consumer Privacy withdrew the ballot measure upon the passing of the CCPA.  However, the group became concerned that amendments to the CCPA resulted in diluted privacy protections, and it thereafter secured a spot on the 2020 ballot for California citizens to vote on the CPRA.

As mentioned in our prior posts, the CPRA creates some of the following new rights and requirements:

  • Right to restrict use of “sensitive personal information”;
  • Right to correct data;
  • Storage limitation: right to prevent companies from storing information longer than necessary and right to know the length of time a business intends to retain each category of personal information;
  • Data minimization: right to prevent companies from collecting more information than necessary;
  • Right to opt out of advertisers using precise geolocation (< than 1/3 mile);
  • Penalties if email address and email password are stolen due to negligence;
  • Restrictions on onward transfers of personal information;
  • Establishes California Privacy Protection Agency to protect consumers;
  • Requires high risk data processors to perform regular cybersecurity audits and risk assessments; and
  • Requires the appointment of a chief auditor with power to audit businesses’ data practices.

The CPRA mandates a minimum of $10 million in annual funding to the newly created Privacy Protection Agency.  The Privacy Protection Agency has the power to draft additional regulations, which may provide further clarity or raise new questions on the CPRA’s scope.  Businesses will therefore need to stay apprised of changes over the coming months and years in order to fully understand their compliance obligations.

Philip N. Yannella

yannellap@ballardspahr.com | 215.864.8180 | view full bio

As Practice Leader of Ballard Spahr’s Privacy and Data Security Group, and Practice Leader of the firm’s E-Discovery and Data Management Group, Philip N. Yannella provides clients with 360-degree advice on the transfer, storage, and use…

yannellap@ballardspahr.com | 215.864.8180 | view full bio

As Practice Leader of Ballard Spahr’s Privacy and Data Security Group, and Practice Leader of the firm’s E-Discovery and Data Management Group, Philip N. Yannella provides clients with 360-degree advice on the transfer, storage, and use of digital information.

Phil regularly advises clients on the Stored Communications Act (SCA), Computer Fraud and Abuse Act (CFAA), EU-US Privacy Shield, General Data Protection Regulation (GDPR), Defense of Trade Secrets Act, PCI-DSS, Telephone Consumer Protection Act (TCPA), New York Department of Financial Services Cybersecurity Regulations, ISO 27001 compliance, HIPAA Security Rules, and FTC enforcement activity, as well as eDiscovery issues—leveraging his experience serving as National Discovery Counsel for more than two dozen companies in nationwide litigation. He harnesses his deep knowledge of privacy, data security, and information governance laws to help multinational companies develop global information governance programs to comply with overlapping, and sometimes conflicting, laws. Phil serves on the advisory board for the ACC Foundation’s Cybersecurity Survey, the largest survey of in-house counsel on cybersecurity issues.

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  • Posted in:
    Privacy and Cybersecurity
  • Blog:
    CyberAdviser
  • Organization:
    Ballard Spahr LLP
  • Article: View Original Source

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