Californians for Consumer Privacy Introduces California Privacy Rights Act

guest · May 5, 2020

Californians for Consumer Privacy submits signatures to qualify the California Privacy Rights Act for November 2020 ballot
May 4, 2020
https://www.caprivacy.org/californi...-privacy-rights-act-for-november-2020-ballot/

Today, Californians for Consumer Privacy announced that it is submitting well over 900,000 signatures to qualify the California Privacy Rights Act for the November 2020 ballot. Submission has begun in counties across the state and will continue for several days.

“Even as we’ve worked to strengthen privacy laws here in California, we’ve realized that our laws need to keep pace with the ever-changing landscape of constant corporate surveillance, information gathering and distribution,” said Alastair Mactaggart, Founder of Californians for Consumer Privacy.
“We think Californians deserve to participate in and shape the conversation about how, when and with whom our most personal information is shared. That’s why we’ve introduced this new ballot measure, signed by nearly one million California voters.”

The California Privacy Rights Act (CPRA) gives consumers the power to take back control over our information from thousands of giant corporations.
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CPRA will do the following:

Protect our personal information: Creates new rights allowing us to stop businesses using our sensitive personal information, including about our health or finances, and especially our exact location, without our consent.

Safeguard our children’s privacy: It will triple 2018’s California Consumer Privacy Act fines for collecting and selling our children’s private information.

Establish an enforcement arm: Establish a new authority to protect these rights, the California Privacy Protection Agency. Increase transparency through this agency, giving consumers back control over their data.

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About Californians for Consumer Privacy
Californians for Consumer Privacy sponsored the California Consumer Privacy Act to qualify for the November 2018 ballot. After the initiative qualified, the California State Legislature passed groundbreaking consumer privacy legislation in June, which was signed into law by California Governor Jerry Brown. Now the group is backing the California Privacy Rights Act on the 2020 ballot, to expand and enshrine privacy rights for all Californians.
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guest · Jun 25, 2020

California Privacy Rights Act to Appear on November 2020 Ballot
June 24, 2020
https://www.hldataprotection.com/20...rights-act-to-appear-on-november-2020-ballot/

It’s official.
The California Privacy Rights Act (CPRA) has received enough valid signatures to appear on the November 2020 ballot. And if polling from late last year remains accurate, California voters are likely to approve it.

If voters approve the initiative, the CPRA would significantly expand the CCPA, establish the California Privacy Protection Agency, remove the CCPA’s cure period, and impose a number of GDPR-styled obligations on businesses, among other requirements. The substantive provisions of the CPRA would take effect January 1, 2023.
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The CPRA would impose a number of novel obligations on businesses. We have summarized the CPRA’s key additions and modifications in this blog post.
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guest · Jun 27, 2020

California Privacy Rights Act to define and limit “cross-context behavioral advertising”
June 22, 2020
https://brave.com/cpra-cross-context-behavioral-advertising/

A court decision on Friday (19 June 2020) makes it highly likely that Californians will vote on the California Privacy Rights Act (CPRA), the successor to the CCPA. Disclosure: I have contributed to the text of this bill.
Impact on “adtech”
A “yes” vote in November will have a significant impact on the business of online advertising. The Act introduces a definition introduced of “cross-context behavioral advertising” for the first time:

“Cross-context behavioral advertising” means the targeting of advertising to a consumer based on the consumer’s personal Information obtained from the consumer’s activity across businesses, distinctly-branded websites, applications, or services, other than the business, distinctly-branded website, application, or service with which the consumer intentionally Interacts.[3]
This is significant, because the Act envisages a specific opt-out from cross-context behavioral advertising.[4]
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In addition, the Act broadens the CCPA definition of “sale” of personal information by adding “collection” and “sharing”.[5] It also expands the CCPA right to opt out from the “sale” of one’s personal information. The CPRA will provide for a broader “right to opt-out of sale or sharing”.[6]
WHY IS THIS HAPPENING?
A second ballot initiative is necessary, as Alistair MacTaggart wrote in an early draft of the ballot initiative:

Even before the CCPA had gone into effect, however, businesses began to try to weaken the law. [...]
Our colleagues in the tracking industry lobbied too hard against the CCPA. The new California Privacy Rights Act is the consequence. Unlike the CCPA, it will not go through the normal legislative processes and become subject to dilution and compromise.
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guest · Aug 13, 2020

California Privacy Rights Act: State poised to raise privacy bar with ‘CCPA 2.0’
New law would provide California residents with an expanded set of digital rights
August 12, 2020
https://portswigger.net/daily-swig/...ate-poised-to-raise-privacy-bar-with-ccpa-2-0

In 2018, California lawmakers passed what is to date the most groundbreaking piece of privacy legislation in the US – the California Consumer Privacy Act of 2018 (CCPA).

Although the CCPA has only been in effect since the start of 2020, later this year California residents will be given the opportunity to vote on strengthening the state’s game-changing privacy law even further, as the California Privacy Rights Act of 2020 (CPRA) – commonly referred to as “CCPA 2.0” – will be on the November 2020 ballot in the Golden State.
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The CPRA would provide consumers with an expansive set of new rights beyond those contained in the CCPA, while at the same time fundamentally altering businesses’ privacy compliance obligations under California’s current privacy law in a number of ways.
November vote
The CPRA only requires a simple majority vote in November to become law.
If California voters choose to move forward with implementing CCPA 2.0, the CPRA would incorporate the CCPA and the law’s new substantive obligations would take effect on January 1, 2023.
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guest · Oct 4, 2020

Andrew Yang takes lead in California data privacy measure
October 3, 2020
https://apnews.com/article/election...-andrew-yang-724d9f173c37669257cbe7f0037aeed3

The Fitbits on our wrists collect our health and fitness data; Apple promises privacy but lots of iPhone apps can still share our personal information; and who really knows what they’re agreeing to when a website asks, “Do You Accept All Cookies?”

“The amount of data we’re giving up is unprecedented in human history,” says Yang, who lives in New York but is helping lead the campaign for a data privacy initiative on California’s Nov. 3 ballot. “Don’t you think it’s time we did something about it?”
The California Privacy Rights Act of 2020 would expand the rights Californians were given to their personal data in a groundbreaking law approved two years ago, which took effect in January.

The California Consumer Privacy Act of 2018 was intended to give residents more control over their personal information collected online.
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“Business is actively seeking to undermine the protections that were just put in place,” says Mactaggart.
The measure is supported by Common Sense Media and Consumer Watchdog, along with several privacy experts and labor organizations that say the measure will strengthen the law and protect it from industry attempts to dilute it.

“Overall, it is a step backward for privacy in California,” said Jacob Snow, a technology and civil liberties attorney at the ACLU of Northern California. He argues Proposition 24 would make it easier for businesses to charge customers higher prices — or “pay for privacy” — [...]
Mactaggart says these objections are a misrepresentation of the measure and that the “pay for privacy” provision is already part of the existing law.
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guest · Oct 8, 2020

Over 50 Privacy Professionals & Experts Oppose Prop. 24
October 7, 2020
https://blog.ericgoldman.org/archiv...vacy-professionals-experts-oppose-prop-24.htm

The length and complexity of Proposition 24, the California Privacy Rights Act (CPRA), makes it challenging for ordinary citizens to evaluate the proposal. Thus, it’s helpful to hear how members of the privacy community feel about it. They are in the best position to understand and interpret it, and they may have some personal financial interest in it. Perhaps not surprisingly, many folks who know the most about privacy law actually oppose Prop. 24.

55 privacy community members (listed at the bottom of the post) signed the following statement:

“We are privacy professionals or other privacy experts. Proposition 24, the California Privacy Rights Act (CPRA), will benefit us financially because it will increase demand for our services. Despite that, we oppose the proposition. Those of us in California are voting NO on Prop. 24, and all of us encourage Californians to vote NO as well (any listed affiliations are for identification purposes only).”
Signatories were given the opportunity to explain their perspectives. Some of the comments they shared: [...]
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For more on why I personally oppose Prop. 24, see this post. As I explained there, the “CPRA is the wrong policy approach, at the wrong time, via the wrong process.”
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guest · Oct 16, 2020

EPIC Publishes Analysis of California's Proposition 24
October 15, 2020
https://epic.org/2020/10/epic-publishes-analysis-of-cal.html

EPIC has published an analysis of Proposition 24 in California, the California Privacy Rights Act.

In 2018, the State of California enacted the California Consumer Privacy Act of 2018 ("CCPA"), the first comprehensive consumer privacy law enacted in the United States. This year, Californians will once again play a role in determining the direction of privacy law in the United States.
A new ballot initiative, California Proposition 24: The California Private Rights Act of 2020, which will be on the November election ballot, would significantly change the CCPA.
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EPIC is not taking a position for or against Proposition 24, but provides this resource to help voters understand the initiative. EPIC has also published a resourceto help California residents exercise their rights under the CCPA.
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guest · Oct 28, 2020

California Privacy Law on the Ballot: What to Expect on California’s Upcoming Ballot Initiative to Expand and Amend the CCPA
October 27, 2020
https://www.jdsupra.com/legalnews/california-privacy-law-on-the-ballot-44501/

Next month, California voters will cast their votes on Proposition 24, a ballot initiative that, if passed, will enact the California Privacy Rights and Enforcement Act of 2020 (CPRA). The CPRA would significantly amend the California Consumer Privacy Act (CCPA) and would require businesses to once again re-examine their privacy compliance programs for California consumers.
The CPRA Envisions an Expanded Privacy Framework
The CPRA – which, if passed, would take effect on January 1, 2023 – spells out significant changes to the CCPA privacy framework. While consumer groups are divided in terms of their support for the ballot measure, the CPRA would require businesses to make further changes to their privacy and data governance practices.

Key provisions include: [...]
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guest · Nov 4, 2020

California just strengthened its digital privacy protections even more
November 4, 2020
https://www.vox.com/2020/11/4/21534746/california-proposition-24-digital-privacy-results

The California ballot measure Proposition 24, or the California Privacy Rights Act (CPRA), has passed, pushing the state even further ahead of the rest of America when it comes to data privacy legislation.

CPRA adds to California’s existing law, the California Consumer Privacy Act (CCPA). CCPA is one of the strongest privacy laws in a country with few of them, giving Californians the power to know what data businesses have and collect about them and to tell those businesses not to sell that data to anyone else.
Californians for Consumer Privacy was behind Proposition 24, which it believed would further strengthen the CCPA and close some of the loopholes businesses were using to get around the law.
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The group’s founder, Alastair Mactaggart, is also the reason the CCPA exists.
But Mactaggart wanted more from the law and came up with CPRA: a 52-page ballot measure that he thought would fix its shortcomings.

“I think that the regulations are, overall, pretty good, but it can be tightened up,” Mactaggart told Recode.
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