Date: Feb 17, 2022
Category:

California Update

Enacted in November of 2020, the California Privacy Rights act of 2020 (CPRA) added new privacy protections to the California Consumer Privacy Act of 2018 (CCPA). To further CPRA legislative mandates, a new governmental agency, the California Privacy Protection Agency (Agency), was formed to implement and enforce CCPA and CPRA laws. Both Privacy Acts impact the way consumer and non-consumer information (including applicant and employee information) is collected, stored and utilized.

In October of 2021, Ashkan Soltani was selected as the Agency’s Executive Director. Since taking up the new position Soltani has held a series of public hearings regarding the Agency’s rulemaking process.  With the CPRA becoming operative on January 1, 2023, the Agency will be considering a significant number of enumerated areas mandated for rulemaking by the CPRA. These final Agency rulemaking efforts signal a huge shift in US Privacy laws and will significantly impact not only consumer contact points such as websites, but also non-consumers, job applicants, employee and business-to-business partners how employers interact with employee data.[i]

 

As goes California, so goes Colorado

Signed into law July of 2021, the Colorado Privacy Act (CPA) takes effect July 1, 2023. To further CPA mandates on rulemaking, Colorado’s Attorney General Phil Weiser has announced his intent to implement the first phase of the CPA’s rulemaking process which involves soliciting public input.

Weiser outlined a two-step process which begins with soliciting public input in a series of high-level conversations at meetings and townhall forums and ends with the drafting of a proposed set of model rules. Colorado is the third state after California and Virginia to legislate in the area of state-wide privacy protection. Those interested in participating in public comment opportunities should visit the Colorado Office of the Attorney General’s website and sign up to receive notifications and information on upcoming events.

For additional information on Agency rulemaking responsibilities and regulations – including a side-by-side comparison of Colorado and California mandated regulations – checkout this informative article by Kyle Fath & Gicel Tominbang of the law firm Squire Patton Boggs.

 

[i] For additional information on Agency rulemaking responsibilities and regulations see this informative article by Kyle Fath & Gicel Tominbang of the law firm Squire Patton Boggs.

 

WG Staff Contact

Teresa McQueen
Corporate Counsel

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