Even though the California Consumer Privacy Act ("CCPA"), enacted in June 2018, radically transformed data privacy regulation in the US, it appears that some privacy advocates in California are seeking to strengthen consumers' data privacy rights even further. Californians for Consumers Privacy, the group behind the ballot initiative that led to the CCPA, announced this week that it would seek to gain approval for a new ballot initiative that would be voted on by Californians in the November 2020 general election. The new proposal, filed on September 26; 2019, would, among other things, create new rights around the use of "sensitive" personal information, enhance protections for minors, and impose transparency obligations connected with automated decision-making. It would also create a new authority, the California Privacy Protection Agency, which would take over the role currently assigned to the Office of the Attorney General of California to enforce the law and provide guidance to the industry and consumers.

The filing of the ballot will trigger the opening of a review process and public comment period after which the proponents of the initiative may amend the proposal. Once the proposal is added to the ballot, proponents will commence collecting the required signatures. By spring 2020, polling information showing the percentage of Californians that intend to vote for the proposal will be available.

How We Can Help

Squire Patton Boggs' Data Privacy & Cybersecurity Group can help you determine whether, and to what extent, new data privacy proposals will impact your business, as well as assist you in your overall compliance efforts. Our preeminent Public Policy Practice can develop effective strategies to make sure you are heard at the right time, by the right people. We can also help you assess, in advance or in real time, what government policies could affect your business interests. We are proud to have the most experienced and well-recognized public policy practice in the US and internationally.

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