Motions Introduced by the CPPA Board

DATE ID MOTION VOTE
03-08-2024 #24-02 Authorize staff to advance the proposed risk assessment and automated decision-making technology regulations to formal rulemaking up through commencement of the 45-day public comment period, and to otherwise authorize staff to make additional changes where necessary to improve the text clarity, and to conform to Mr. Le’s suggestion in our conversation today regarding the abridged risk assessments that found consensus within the Board, or to otherwise ensure compliance with the Administrative Procedures Act. 3-2-0
#24-01 Authorize staff to advance the updates to existing regulations, to formal rulemaking up through commencement of the 45-day public comment period, and to otherwise authorize staff to make additional changes where necessary, to improve the text clarity, or to otherwise ensure compliance with the Administrative Procedures Act. 5-0-0
12-08-2023 #23-20 Approve staff’s legislative proposal to require browser vendors and other platforms or devices as defined by regulation to include a feature that allows users to exercise their California privacy rights through opt-out preference signals as defined by regulation in concept, that this is the plan that we in concept support, and to direct staff to pursue the legislative proposal with the California Legislature coming back to update the board on necessary topics that we’ve discussed today 5-0-0
#23-19 Direct staff to advance these proposed insurance regulations to formal rulemaking up through commencement of the 45-day public comment period, and to otherwise authorize staff to make additional changes where necessary to incorporate feedback from the California Department of Insurance to improve the text’s clarity and/or the text’s readability, and to otherwise ensure compliance with the Administrative Procedures Act 5-0-0
#23-18 Direct staff to propose update regulations to formal rulemaking up through commencement of the 45-day public comment period considering the conversation today, and to otherwise authorize staff to make additional changes where necessary to improve the text clarity or improve readability or otherwise ensure compliance with the Administrative Procedure Act, and also to accept comment from individual Board members in one-way communications 5-0-0
#23-17 Adopt the proposed regulation to establish the California Privacy Protection Agency’s data broker registration fee 5-0-0
#23-16 Direct staff to incorporate any changes agreed to by the Board during today’s discussion and consider the Board’s discussion overall in today’s meeting, and to, additionally, receive feedback on the draft automated decision-making regulations from Board members after this meeting, and to propose a revised draft at a following meeting, again, for possible advancement to rulemaking 5-0-0
#23-15 Direct staff to incorporate any changes agreed by the Board during today’s discussion, consider the Board’s discussion overall, and, additionally, receive feedback on the draft risk assessment regulations from Board members after this meeting, and propose a revised draft at a following meeting for possible advancement to formal rulemaking 5-0-0
#23-14 Direct staff to advance the proposed cybersecurity regulations to formal rulemaking up through commencement of the 45-day public comment period and to authorize staff to make additional changes where necessary to improve the text clarity, improve readability, or otherwise ensure compliance with the Administrative Procedure Act 5-0-0
09-08-2023 #23-13 Approve the delegation to the executive director provided as attachment A to the materials for this agenda item with an attachment of additional delegations that exist or as they arise 5-0-0
#23-12 Approve Agency staff’s recommendation to approve the appointment of Dr. Jennifer King to the California Children’s Data Protection Working Group 5-0-01
07-14-2023 #23-11 Pursuant to Civil Code sections 1798.199.35 and 1798.199.40, subdivision (f), delegate to the Agency’s executive director the authority to act on the Board’s behalf to conduct and oversee the hiring of the Agency’s chief privacy auditor with the exception that the selected candidate shall be presented to the Board for concurrence in the hiring unless, in the chair [inaudible], is not a reasonably approximate Board meeting, in which case concurrence shall rest with the chair 3-0-1
#23-10
  1. Pursuant to Civil Code section 1798.199.35, delegate to the Agency’s executive director the authority to hear and decide or further delegate probable cause proceedings pursuant to Civil Code section 1798.199.55 and Title 11 of the California Code of Regulations Division 6, Chapter 1, section 7302, consistent with requirements of the Administrative Procedure Act
  2. In order to ensure that probable cause proceedings are fair and impartial, the executive director may further delegate the authority to hear and decide probable cause hearings to the general counsel or to an attorney from the Agency’s legal Division
 3-0-1
#23-09 Delegate to the chair of the Board the ability to speak for the Board and the Agency and offer its position on SB 544 in its current form or as amended 3-0-1
#23-08 Authorize Agency staff to:
  1. Support SB 544 if amended to remove the proposed requirement that a majority of members of the state body be present at one physical location for a minimum of 50 percent of the meetings of the state body each year, or if it is otherwise amended in such a way that, in staff’s discretion, is consistent with the objectives laid out in the staff analysis and discussed by the Board today
  2. Support the bill if amended in that way
  3. Remove support or oppose if other amendments, in staff’s discretion, render the bill sufficiently inconsistent with the objectives laid out in staff analysis and the Board’s discussion today
 3-0-1
#23-07
  1. Approve Agency staff’s recommendation to support as currently drafted AB 947, AB 1194, AB 1546, and SB 362
  2. Authorize staff to continue to support those bills if amended if the bills as amended are consistent with the objectives laid out in staff analysis and the discussion today in staff’s discretion
  3. Authorize staff to remove support for or oppose any of the bills if they are amended in such a way that, in staff’s discretion, they are no longer consistent with the objectives laid out in staff analysis and discuss today
 3-0-12
05-15-2023 #23-06 Authorize and direct staff to:
  1. Proceed with developing rulemaking proposals on the following items:
    1. All the green items on the chart titled “Potential Regulations Proposals” included in the materials for today’s meeting
    2. The blue items on the chart titled “Potential Regulation Proposals” included on that chart
    3. And any others of yellow, orange, or red on the chart for the day, that is all the remaining items, in staff’s discretion, taking into account resources and timing questions, according to staff’s understanding, as part of which the Board would like the staff to take into account its preferences as discussed during the today’s Board meeting but understanding staff have ultimate discretion on the timing and have authority to work on any of the items on the chart titled “Potential Regulation Proposals” for today’s meeting
  2. Give staff discretion to package the items with existing rulemaking priorities or separately in a different rulemaking package
  3. Update the Board on all the items during the next rulemaking priorities meeting as well as undertake any pre-rulemaking activities that would be helpful to staff developing the record or working on a rulemaking package
 4-0-0
03-03-2023 #23-05 Adopt practice of utilizing subcommittees and any of the subcommittees when:
  1. The subject matter and tasks assigned to the subcommittee can be appropriately bounded, so it’s not to overlap with any other existing subcommittee work
  2. The subcommittee can be given specific deliberate subject-based assigned with clear timelines for completion
  3. The board can benefit from the heightened engagement, advice, and guidance by a minority of Board members on a particular subject
 4-0-0
#23-04 Dissolve the Public Awareness Subcommittee, the Startup and Administration Subcommittee, the Update Rules Subcommittee, and to continue the Rulemaking Process Subcommittee, at least until the next meeting, in order to finish up that subcommittee’s work, and to continue the New Rules Subcommittee until a point in time at which a package is sufficiently ready 4-0-0
02-03-2023 #23-03 Direct staff to release to the public an invitation for preliminary comments that is substantially in the form of the draft document reviewed today in connection with this agenda item and inviting the public to respond with written comments within a 45-day period as soon as is technically feasible 4-0-0
#23-02
  1. Adopt and approve the regulations as modified
  2. Direct staff to take all steps necessary to complete the rulemaking process, including the filing of the final rulemaking package with the Office of Administrative Law, the amendment of any documents within the rulemaking package, other than the text of the rules, as necessary to ensure clarity, accuracy, and compliance with the Administrative Procedure Act
  3. Authorize the executive director to make non-substantive changes to the proposed regulations and to further authorize staff to withdraw the rulemaking file, in whole or in part, from consideration by the Office of Administrative law at any time if, in their opinion, the legal risks associated with disapproval of these regulations warrant further consideration by the board
 4-0-0
#23-01 Adopt the resolution and recognition and appreciation of distinguished service by J. Christopher Thompson 4-0-0
12-16-2022 #22-13 Adopt the process outlined in the memorandum provided by Ms. Mahoney for our discussion today, as amended in today’s discussion, to appoint members to the California Children’s Data Protection Working Group pursuant to Civil Code 1798.99.32, and to delegate to the Executive Director of the California Privacy Protection Agency the authority to appoint those members, with the expectation that the Executive Director will bring his chosen appointees to a future Board meeting for confirmation and introductions by the Board 4-0-0
#22-12 Adopt the process for considering and proposing legislation that is outlined in the memorandum provided by Ms. Mahoney for our discussion today, again, as informed by today’s discussion 4-0-0
#22-11 Adopt the process for Board input into an oversight of the Agency’s budget outlined in the memorandum provided by Mr. Laird for our discussion today, as informed by today’s Board discussion 4-0-0
#22-10 Adopt the resolution in recognition and appreciation of distinguished service by Angela Sierra 4-0-03
10-29-2022 #22-09
  1. Direct staff to take all steps necessary to prepare and notice modifications to the text of the proposed regulatory amendments for an additional fifteen-day comment period
  2. The modifications shall reflect the changes proposed by staff in the written meeting materials, except staff shall further modify the text in line with the written motion that Ms. Kim presented on October 29th during the board meeting to the board and that will be made available on our website after the meeting
 5-0-04
09-23-2022 #22-08 Approve the delegation of authority before us [included in meeting materials] 5-0-0
07-28-2022 #22-07 Authorize the agency staff to support any federal bill that does not, in the agency staff’s judgment, broadly preempt the California Privacy Protection Act of 2018 as amended by the California Privacy Rights Act of 2020, or that in general creates a true floor for privacy protection that protects Californians’ current rights and that California and other states could build on in the future 5-0-0
#22-06 Approve agency staff’s recommendation to oppose any federal bill that in agency staff’s judgment seeks to broadly preempt the California Consumer Privacy Act or provides substantially weaker protections that the CPA as amended by the California Privacy Rights Act or prevents the agency, the California Legislature, or voters through the ballot initiative from strengthening privacy protections for Californians in the future or responding to technological, social, or business changes or significantly compromises the agency’s authority or ability to fulfill its statutory responsibility and mandate on behalf of Californians 5-0-0
#22-05 Approve agency staff’s recommendation to oppose the American Data Privacy Protection Act as currently drafted 5-0-0
#22-04 Adopt these factual findings and to determine that:
  1. Providing ten days’ advanced notice pursuant to Government Code Section 11125 would impose a substantial hardship on the board
  2. Immediate action is necessary to protect the public interest
  3. It is necessary and proper to proceed with this special meeting pursuant to Government Code Section 11125.4(c)
 5-0-0
06-08-2022 #22-03 Approve the proposed regulatory text for Sections 7000 to 7304, and authorize the executive director to take all steps necessary to initiate the rulemaking process and public comment period, make any nonsubstantive changes to the package, and set the matter for a hearing 4-0-15
05-26-2022 #22-02 Adopt the Incompatible Activities Statement in substantially the form of the draft labeled “For Board Discussion” in today’s meeting materials in agenda item 4 as amended according to today’s discussion 5-0-0
02-17-2022 #22-01 Approve the November 15th, 2021, California Privacy Protection Agency Board meeting minutes, as submitted 5-0-0
11-15-2021 #21-19 Direct the Chairperson to work with the Executive Director to coordinate properly noticed meetings in which the board can provide input on hiring decisions for the General Counsel and the Deputy Director of Communications 5-0-0
#21-18 Assign to the Rulemaking Process Subcommittee for further work, if and as needed, the items listed on the Rulemaking Process Subcommittee slides for the board meeting for November 15, 2021, including coordinating a report on how the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020, relates to existing Insurance Code provisions the regulations relating to consumer privacy 5-0-0
#21-17 Assign the topics listed in the Rulemaking Process Subcommittees slides for the board meeting on November 15, 2021 t the Update CCPA Rules Subcommittee for further work, if and as needed: including the definition of “dark patters;” the definition of “de-identified;” the definition of “unique identifier;” methods for submitting requests; categories of personal information; categories of sensitive personal information; exceptions as necessary to comply with state or federal law; the definition of “intentionally interacts;” the definition of “precise geolocation; and record-keeping requirements other than those that apply to cybersecurity audits, risk assessments, and automated decision-making 5-0-0
#21-16 Assign the following topics to the New CPRA Rules Subcommittee for further work, if and as needed: the definition of “law-enforcement-agency-approved investigation;” the enforcement process; and the subset of record-keeping requirements that apply to cybersecurity audits, risk assessments, and automated decision making; and any other topics as reflected in the slides the Process Subcommittee presented in the board’s November 15th meeting 5-0-0
#21-15 Approve the October 18, 2021 Board Meeting Minutes as submitted 5-0-0
#21-14 Approve the September 24, 2021 Board Meeting Minutes as submitted 5-0-0
10-18-2021 #21-13 Approve giving notice to the Attorney General that the California Privacy Protection Agency is prepared to begin rulemaking pursuant to Section 1798.119.40 subsection b of the Civil Code 5-0-0
#21-12 Adopt the delegation of authority that we have before us, removing the Executive Director’s name, and agreeing that we will revisit the delegation of authority in our next meeting for further discussion 5-0-0
#21-11 Approve the Conflict of Interest Code in our materials for the meeting in order to send it on to the Fair Political Practices Commission and OAL to take effect 5-0-0
#21-10 Transfer the business purposes topic, to the extent that it was contained within the Process Subcommittee, to the Update CCPA Rules Subcommittee for further work 5-0-0
09-07-2021 #21-09 Approve the delegation of authority as reviewed for this meeting, which starts from this meeting to goes to the next meeting, with the carve-outs that we decided upon last time 5-0-0
#21-08 Approve the Regulation Subcommittee’s proposed course of action for preliminary rulemaking activities, including the preliminary information-gathering activities described and the formation of new subcommittees as described 5-0-0
#21-07 Approve a form of the per diem policy that the Start-Up and Administration Subcommittee recommends with the following changes:
  1. There is no requirement or apparent requirement to report hours, that members will only report days
  2. The six-hour definition of a per diem be struck and be replaced by guidance to board members as to what counts sufficiently substantial work on one day to claim a per diem
 5-0-0
#21-06 Approve the minutes as corrected per our discussion and/or as reflected in the minutes for today 5-0-0
06-14-2021 #21-05 Affirm its understanding that board members may speak in public venues and public forums as long as they made clear that they are not speaking for CPPA or for the Board of CPPA 5-0-0
#21-04 Affirm its understanding that board members may speak in public venues and public forums as long as they made clear that they are not speaking for CPPA or for the Board of CPPA 5-0-0
#21-03 Accept this delegation of authority, as amended, according to our discussion today, so that the delegation of authority to the chair extends only until our next board meeting and then must be discussed and renewed 5-0-0
#21-02 Amend to not limit temporary staff from the Attorney General’s office, if Board Member Le would make the motion again 5-0-0
#21-01
  1. Delegate to the chairperson of the Board the ability to modify the duty statements in the materials today and to create a job description that includes the required components discussed by the board in this meeting, and to follow required CalHR processes to get that position posted
  2. When the position is posted, if there is not an intervening board meeting, the chair is delegated to work with staff to review initial applications and to determine a pool of candidates and eventually to deliberate upon and choose a candidate for the position of executive director
  3. The chairperson is further delegated to begin the process of establishing and gaining approval for two CEA positions, the first being chief deputy director of administration, described broadly in the duty statement and in the materials for today with the modifications discussed in the meeting today, the second being a general counsel for the CPPA
  4. This will entail paperwork required by CalHR modifying the duty statement for the deputy director of administration, developing a job posting for the deputy director of administration, developing a duty statement for the general counsel, and developing a job posting for the general counsel
  5. The chair is also requested to work with staff to discuss with the Attorney General’s office what the possibilities are for temporary or loaned staff to assist the agency in its work as it is being built
 5-0-0

1 Boardmember Jeffrey Worthe is appointed by the Governor to succeed Boardmember Chris Thompson.

2 Boardmember Alastair Mactaggart is absent.

3 Boardmember Chris Thompson has resigned, and the Governor has not yet appointed a successor.

4 Boardmember Angela Sierra is succeeded by Boardmember Alastair Mactaggart as the Attorney General’s appointee.

5 Boardmember Lydia de la Torre is absent.