California Department of Justice Proposes Modifications to Finalized CCPA Regulations

DUANE MORRIS 

October 27, 2020

Two months after the California Consumer Privacy Act regulations were finalized, the Department of Justice has already published proposed modifications to the final regulations. The majority of the proposed modifications relate to the notice of the right to opt out of selling personal information and methods for opting out.

Below is a summary of the proposed modifications:

Notice of the Right to Opt Out

The changes would require businesses that collect information through offline methods to provide an offline method that facilitates consumers’ awareness of their right to opt out. This includes a notice on paper forms, posting signage in the area where the personal information is collected directing consumers to where the notice can be found online, or if collected by phone, an oral notice during the call.

Methods for Opting Out of Sale

The changes clarify that methods for submitting requests to opt out must be easy to execute with minimal steps to allow the consumer to opt out. A business cannot use methods that subvert or impair a consumer’s choice to opt out. Examples of prohibited activities include:

• Having more steps to opt out than to opt in to sales of data for consumers who previously opted out.

• Use of confusing language such as double negatives.

• Requiring users to click through or listen to reasons not to submit a request.

• Requiring consumers to provide personal information that is not necessary to implement the request.

• After clicking the “Do Not Sell My Personal Information” link, requiring the consumer to read through the text of a privacy policy or similar document to locate the mechanism for submitting a request.

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