New Privacy Laws In California

Recent months saw substantial changes to the California Consumer Privacy Act (“CCPA”) through amendments introduced by the California Privacy Rights Act, as reported by the law firm Willkie Farr & Gallagher on Oct. 23. The modifications are already in effect, with the California Privacy Protection Agency (“CPPA”) implementing its initial rules to align with the updated CCPA provisions. Despite these extensive changes, California continues to refine its privacy regulations. This alert highlights four bills signed into law by Governor Newsom and offers insights into the ongoing efforts of the CPPA to address key CCPA-delegated issues. These include:

• Consumer ability to delete all personal information held by data brokers with a single request
• Broadening the definition of “sensitive personal information” to include citizenship or immigration status
• Clarification that consumer personal information encompasses details about accessing abortion and reproductive health care services
• Mandate for car dealers and manufacturers of cars with in-vehicle cameras to inform users or purchasers about the camera
• Restrictions on the use of data collected by in-vehicle cameras

The new legislation goes into detail about what constitutes personal information with respect to prenatal and perinatal care. It includes “accessing, procuring, or searching for services regarding contraception, pregnancy care, including, but not limited to, abortion services.” Businesses are required to comply with the California Consumer Privacy Act with respect to this information even when an exception would typically apply.

According to the alert, the Delete Act in particular could shrink data brokers’ databases, and cut into the effectiveness of data monetization and targeted advertising. It advises businesses subject to the CCPA to review their personal information collection and processing and assess their compliance with the new laws.