CCPA: “Attorney General Amendment” Likely Dead

Norton Rose Fulbright - Data Protection Report blog

This is the Data Protection Report’s ninth blog post in a series of CCPA blog posts that will break down the major elements of the CCPA. Stay tuned for additional posts on the CCPA.

On May 16, 2019, the California Senate Appropriations Committee held a hearing that included S.B. 561, the “Attorney General amendment” to the California Consumer Privacy Act (“CCPA”). The bill is being held in committee and under submission, which means the bill has been blocked and is likely dead.

The bill would have made three significant changes to the CCPA:

It would have expanded the consumer’s private right of action from only certain security breaches to any violation of the CCPA.
It would have deleted the 30-day cure period that enables a company to remedy an issue prior to Attorney General enforcement.
It would have changed a provision relating to Attorney General opinions. Currently, CCPA obligates the Attorney General to answer questions regarding CCPA. The bill would have deleted that requirement and would have substituted an authorization to provide general guidance on compliance with CCPA.

Below is a summary of other key CCPA amendments that are still pending in the California legislature. We will continue to monitor the California legislature and provide updates relating to CCPA amendments.

Bills to expand CCPA

Bill No.	10-word summary	Status
AB 288	Social media data – right to remove and prohibit sale	3/20 – re-referred to Committee on Privacy and Consumer Protection
AB 1281	Use of facial recognition – signage required	5/8 – referred to Committees on Judiciary and Appropriations

Bills to narrow CCPA

Bill No.	10-word summary	Status
AB 25	Excludes “employees” from definition of “consumer”	5/9 – from Consent Calendar; ordered third reading
AB 846	Clarifies non-discrimination provision to allow retail loyalty programs	5/9 – vote to pass; scheduled for third reading
AB 873	Expands definition of “de-identified” data, removes “household” from “personal information”	5/16 – hearing upon call of Chair
AB 874	Redefines “personal information” to exclude information from government records	5/9 – passed – moved to Senate; read first time and sent to Rules Committee
AB 981	Exempts “insurance institutions, agents, and support organizations”	5/16 – hearing upon call of Chair
AB 1146	Exempts sharing between motor vehicle dealers & manufacturers	5/8 – vote to pass
AB 1355	Narrows disclosure requirement relating to categories of third parties	5/9 – passed – moved to Senate; read first time and sent to Rules Committee
AB 1416	Permits use of data to prevent fraud or illegal activity	5/17–amended and ordered to third reading
AB 1564	Decreases the number of ways consumers can submit information requests	5/8 – vote to pass