CPPA Seeks to Overturn Superior Court Decision Delaying Enforcement of Consumer Privacy Regulations
Today, the California Privacy Protection Agency and California Attorney General Rob Bonta filed a petition with California’s Third District Court of Appeal to overturn a recent trial court decision that imposed a 12-month delay on enforcement of the Agency’s privacy regulations.
"While the court held that significant portions of Prop. 24's privacy protections remain enforceable, granting CalChamber's request to delay enforcement of portions of the regulations hurts not only consumers, but also those businesses that have operated in good faith to implement the protections required by the regulations," said Philip Laird, the CPPA’s General Counsel.
In November 2020, California voters overwhelmingly approved Proposition 24, the California Privacy Rights Act of 2020 (CPRA) to advance stronger privacy protections with respect to the use of their personal information. The CPRA created the California Privacy Protection Agency as the first independent data protection authority in the United States to implement and enforce the California Consumer Privacy Act (CCPA).
On March 29th of this year, the CPPA enacted regulations that operationalize the new rights and concepts introduced by the CPRA to provide clarity and specificity to the law. At the end of June—just one day before the CPPA’s enforcement authority was set to commence—the Superior Court stayed enforcement of many of the CPPA’s recently adopted regulations based on its interpretation of a single ambiguous section in the CPRA.
“Proposition 24 was created to protect consumers and tasks our Agency with the responsibility of advancing those protections,” said Ashkan Soltani, CPPA’s Executive Director. “The judge’s order strips Californians of these protections and advances businesses’ interests over the rights of Californians. Our petition reflects our commitment to fight to protect the privacy of Californians and what they voted for.”
The Agency anticipates the Court of Appeal will decide whether to take up the petition in the coming weeks, if not sooner.