On October 12, 2020, the California Attorney General published a Third Set of Modified Proposed Regulations ("Modified Regulations") even though the final text of the California Consumer Privacy Act ("CCPA") regulations are already in full effect. In sum, the Modified Regulations only make minor edits to the final CCPA regulations. They provide additional guidance on how to implement the CCPA's right to opt-out of sale of personal information and modify the text related to how authorized agents can submit data privacy requests on behalf of consumers.
Lastly, the Attorney General modified Section 999.326, which is the provision explaining how authorized agents can submit CCPA requests on behalf of consumers. The modified language clarifies that the business may require the authorized agent, instead of the consumer, to provide proof that the consumer gave the agent signed permission to submit the request. In addition, a business may require consumers to do either of the following to verify the agent's authority to act on their behalf: (1) verify the consumers' own identity directly with the business; and (2) directly confirm with the business that they provided the authorized agent permission to submit the request.
The California Attorney General has given the public until October 28, 2020, to provide comments regarding the Modified Regulations. Instructions for submitting a comment can be found here.
Originally Published By Knobbe Martens, November 2020
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