Privacy & Cybersecurity Law Blog

On September 24, 2019, Alastair Mactaggart, drafter of the 2018 California ballot initiative that served as the basis for the California Consumer Privacy Act of 2018 (“CCPA”), announced that he is filing a new initiative for California’s November 2020 ballot, the California Privacy Enforcement Act (“CPEA”).

According to a press release about the initiative, the CPEA would amend the CCPA to:

• create new rights around the use and sale of sensitive personal information (e.g., health, financial, racial or ethnic origin, precise geolocation);
• enhance children’s privacy by increasing fines for violations of the CCPA’s opt-in to sale right and create a new requirement to obtain opt-in consent to collect data from consumers under the age of 16;
• create transparency obligations around automated decision-making and profiling of consumers;
• establish a new California state agency to enforce privacy rights and issue guidance;
• require corporations to disclose whether and how they use personal information to influence elections; and
• require that future amendments affecting state privacy rights “be in furtherance of the law.”

According to Bloomberg Law’s reporting, Mactaggart will submit a draft of the initiative on September 25, 2019.