Partner Aaron Tantleff was quoted in the AdWeek article, “CCPA Is Officially Being Enforced, but There Are Still Unanswered Questions,” discussing some of the many issues that businesses and consumers may confront at the California Consumer Protection Act legislation begins being enforced as of July 1, 2020.
One issue Tantleff noted is whether the web browser or device can create a universal opt out. Companies must give consumers the option to opt out of their data being sold, but there could be a conflict if the hosting browser or device gives the same option. “Does that mean that a company has to comply with that because it’s the setting on the browser or the device? … Or do they only need to comply when a user specifically says to that company, via the web link they’ve created or some other mechanism, ‘Do not sell’?” he said.
Tantleff also told AdWeek that the CCPA may change by November if a ballot initiative called the California Privacy Rights Act passes. The initiative would expand upon CCPA and create an enforcement agency. Under CCPA, consumers have the right to know what specific pieces of information a company has collected them over a 12-month lookback period. CPRA would extend the lookback period beyond 12 months to any time so long as it takes “proportionate effort,” said Tantleff.
