California: AG announces approval of additional regulations under CCPA
The California Attorney General ('AG') announced, on 15 March 2021, the approval of additional regulations to the California Consumer Privacy Act of 2018 ('CCPA') by the Office of Administrative Law, affecting Sections 999.306, 999.315, 999.326, and 999.332 of the CCPA Regulations. In particular, the AG noted that the approved regulations ban 'dark patterns' that delay or obscure the process for opting out of the sale of personal information, and prohibit the burdening of consumers with confusing language or unnecessary steps, such as forcing them to click through multiple screens, or presenting reasons why they should not opt out.
Specifically, the approved regulations:
- require businesses selling personal information collected in the course of offline interactions with consumers to also inform consumers by an offline method of their right to opt out and provide instructions on how to submit such a request;
- provide businesses with an optional Privacy Options icon;
- require that a business's methods for submitting requests to opt-out are easy to follow and require minimal steps to allow the consumer to opt out, where a business must not use a method that designed with the purpose or has the substantial effect of subverting or impairing a consumer's choice to opt out; and
- clarify the proof that a business may require an authorised agent to provide, and what the business may require of a consumer to verify their request.