On Friday, September 23, the California Privacy Protection Agency (CCPA) held a Board meeting about various CPPA administrative activities.
The CPPA’s Rulemaking Process Subcommittee presented on the “Course of Action for Current Rulemaking Process.” Much to the dismay of observers, the Subcommittee did not provide any timeline for finalization of the draft regulations issued by the CPPA pursuant to §1798.185 of the amended California Consumer Privacy Act (CCPA). CCPA requires that the CPPA issue the final version of the regulations by July 1, 2022. However, the Notice of Proposed Rulemaking was issued seven days after that deadline, on July 8, 2022, and the public comment period closed on August 23, 2022.
The CPPA Board meeting provided no helpful insight about timing for the final version of the regulations or whether the Board will (or will ask the California legislature to) delay the effective date (January 1, 2023) and/or the enforcement date (July 1, 2023) of amended CCPA. CPPA’s Executive Director Ashkan Soltani noted that he expects lots of “changes” to the draft regulations based on the voluminous comments received. Executive Director Soltani also suggested that the CPPA Board provide some more definitive timing for the regulations’ issuance. One board member requested an agenda item for the next board meeting to discuss a public awareness campaign regarding the effect of the delayed regulations and its impact on enforcement.
While Executive Director Soltani’s comments indicate that the draft regulations will change (and potentially significantly), no clear signal was provided about whether the CPPA will issue the regulations before the end of 2022. Businesses hoping for clarity will need to wait – hopefully not much longer – to finalize their CCPA program planning.