Law360 Quotes Bethany Gayle Lukitsch on California Consumer Privacy Act Enforcement

June 22, 2020

McGuireWoods Los Angeles partner Bethany Gayle Lukitsch was quoted in a June 12, 2020, Law360 article on the uncertainties surrounding implementation of California’s landmark consumer privacy law and how businesses are scrambling to comply before the July 1 enforcement date.

Though many companies have taken steps toward complying with the California Consumer Privacy Act (CCPA), ambiguity still exists in the statute and its accompanying regulations, leaving businesses concerned about expected enforcement battles. Legal battles will likely ensue around what constitutes a “sale,” the value of consumer data and whether data breaches include a company’s failure to comply with its own privacy policy. 

And, while the ink is barely dry on the CCPA and its regulations, a new, more extensive potential privacy ballot initiative may come before California voters this fall. State officials have until June 25 to confirm whether the California Privacy Rights Act (CPRA) initiative qualifies for the November ballot. Among other things, the CPRA would expand the CCPA by giving consumers the right to limit the use and disclosure of a new category of "sensitive" personal information and would establish the California Privacy Protection Agency, which would replace the state attorney general's office in enforcing the law.

"The CPRA is an enormous ballot initiative and is so much more comprehensive even than the CCPA, so it's something that companies absolutely should be paying attention to," said Lukitsch.

Lukitsch predicted there will be "a lot of attention to the sharing of data and what constitutes a sale" under the CCPA once the initial enforcement phase kicks off next month.

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