California Privacy Protection Agency Provides Summary of Pending California Privacy Legislation

In advance of the upcoming May 10th meeting, the California Privacy Protection Agency released meeting materials to provide context to several agenda items. In particular, the California Privacy Protection Agency Board voted unanimously to:

• Oppose as currently drafted H.R. 8152, the American Data Privacy and Protection Act (ADPPA), proposed federal privacy legislation that sought to significantly weaken Californians’ privacy protections by pre-empting the California Consumer Privacy Act and other state privacy laws.
• Oppose any federal bill that in agency staff’s judgment seeks to broadly preempt the California Consumer Privacy Act or provides substantially weaker protections than the CCPA.
• Support federal privacy legislation that in the agency staff’s judgment, provides a “true floor” that allows states to implement stronger protections.

In addition, the materials provide a snapshot of the California legislative calendar, along with a list of eight pending bills that would either amend the current California Consumer Privacy Act or provide additional privacy protections for California residents.

One bill, in particular, AB 1949 (Wicks): California Consumer Privacy Act of 2020: collection of personal information of consumer less than 18 years of age was also the topic of a memo drafted by Maureen Mahoney, the Deputy Director of Policy and Legislation for the California Privacy Protection Agency. The bill proposes to expand the CCPA’s existing consent requirement for the sale or sharing of the personal information of children under 16 to include collection, use, and disclosure of children’s personal information, and raise the age of consumers entitled to these protections to under 18. The memo outlines the California’s Privacy Protection Agency’s support of the bill.

Other items on the agenda provide insight into future rulemaking topics, as well as, additional regulations and requirements for data brokers. A forthcoming update on those items will be published later this week.