On December 10, 2020, the California Attorney General’s Office provided notice of a fourth set of proposed changes to the California Consumer Privacy Act (“CCPA”) regulations.
The CCPA regulations create data privacy rights for California consumers, such as the right to know, right to delete and right to opt-out of the sale of their personal information collected by businesses. The regulations require businesses to provide consumers notices explaining their privacy practices and protects against discrimination for exercising CCPA rights. It also provides additional data privacy protections for minors.
The California Department of Justice first published the proposed regulations in October 2019, with notice of modifications to the proposed regulations following in February and March 2020. A third set of modifications were announced on October 12, 2020. The fourth set of changes are in response to comments received after the October announcement.
The latest proposal retains some of the changes proposed in the third set of modifications while updating other sections, including most notably:
- The addition of new section (f) to 999.306, which states that an opt-out button “may be used in addition to posting the notice of right to opt-out, but not in lieu of any requirement to post the notice of right to opt-out or a ‘Do Not Sell My Personal Information’ link.” The opt-out button was previously removed in the second set of modified regulations.
- Modifying 999.306(b)(3) to provide that “a business that sells personal information that it collects in the course of interacting with consumers offline shall also inform consumers by an offline method of their right to opt out and provide instructions on how to submit a request.” The section provides two illustrative examples:
- A business that sells personal information collected by phone may inform consumers of their right to opt-out orally during the phone call when the information is collected.
- A business that sells personal information collected in a brick-and-mortar store may inform consumers of their right to opt-out on the paper forms that collects the information or by posting a sign in the area where the information is collected directing the consumer where to find the opt-out information online.
DocMagic published its revised privacy policy, including as relevant to DocMagic eSign and LoanMagic, to comply with the CCPA on December 31, 2019. DocMagic will continue to provide updates regarding additional changes to the final regulations and enforcement of the CCPA as new information becomes available.
