California Attorney General Proposes Third Set of Modifications to CCPA Regulations

On October 12, 2020, the California Attorney General issued its third set of proposed modifications to the regulations implementing the CCPA. The Office of Administrative Law approved the CCPA regulations on August 14, 2020, which went into effect immediately upon approval. 

This third set of proposed modifications makes the following revisions to the regulations: 

• Requires businesses that interact with consumers offline to provide notice of right to opt out through an offline method (and examples of such methods);
• Requires the methods for submitting requests to opt out to be easy for consumers to execute and require minimal steps to opt out. This includes not requiring consumers to provide information that is not necessary to implement the request;
• Clarifies how businesses may require authorized agents and consumers to submit proof to verify their request; and
• Clarifies that businesses subject to either section 999.330 (Rules Regarding Consumers Under 13 Years of Age), section 999.331 (Rules Regarding Consumers 13 to 15 Years of Age), or both of these sections are required to include a description of the processes set forth in those sections in their privacy policies. 

As with the previous proposed modifications, the public will have the opportunity to comment on the Attorney General's proposed revisions. The public comment period closes on October 28, 2020, at 5:00 p.m. PST. Businesses should review these proposed modifications to determine whether they may need to adjust their CCPA compliance policies and procedures, especially those policies that involve consumers' right to opt out of the sale of their personal information.