California Attorney General Proposes Modified CCPA Regulations – Overview of Significant Proposed Changes – Duane Morris LLP
On February 10, 2020, California’s Office of the Attorney General proposed a modified version of the California Consumer Privacy Act (CCPA) regulations first published on October 11, 2019. The initial proposed regulations were summarized in our previous Alert.
The deadline for providing comments on the modified proposed regulations is February 25, 2020. This Alert summarizes some of the most significant proposed changes to the regulations. A more detailed summary, including new practical CCPA examples, can be found in our blog posts regarding changes to: (1) definitions and consumer notice requirements; (2) requirements for consumer requests and verification; and (3) requirements for service providers, authorized agents, minors, nondiscrimination and calculating the value of consumer data.
Personal Information Clarification
The modified regulations add a new section titled “Guidance Regarding the Interpretation of CCPA Definitions.” This guidance clarifies that what is considered “personal information” depends on the manner in which the information is maintained by a business. For example, although IP addresses are explicitly included as examples of personal information in the CCPA, if the IP address is never linked to any particular consumer or household, then the guidance clarifies that the IP address is likely not personal information. The same may be true for certain cookies, particularly session cookies, depending on how the information is collected and maintained.