California: CPPA Board to hold public meeting addressing possible action on ADPPA
The California Privacy Protection Agency Board ('CPPA Board') announced, on 26 July 2022, that it will hold a public meeting on 28 July 2022, in which it will discuss, among other things, possible action on proposed federal privacy legislation, including the American Data Protection and Privacy Act ('ADPPA'). Additionally, in view of the public meeting, the CPPA Board published a staff memorandum analysing House Resolution ('HR') 8152 for the ADPPA and outlining its recommended position on such federal legislation. More specifically, the CPPA Board illustrated that, due to its pre-emption language, the ADPPA would likely have significant effects on California law, including:
- removing the 'floor' for privacy protections created by the California Privacy Rights Act of 2020 ('CPRA');
- creating a 'ceiling' on privacy protections for Californians which could be raised only by Congress;
- affecting the CPPA's ability to fulfil its responsibilities under the CPRA;
- replacing several provisions of the California Consumer Privacy Act of 2018 ('CCPA'), resulting in a lower level of protection to Californians than they currently enjoy under the CCPA, for instance by:
- removing the opt-out of automated decision-making;
- replacing the definition of 'personal information' under the CCPA with a narrower definition of 'covered data' which does not include several types of information currently protected by the CCPA;
- removing certain protections with respect to non-retaliation for exercising privacy rights;
- adding a requirement to authenticate global opt-out requests;
- removing privacy and security risk management obligations for some businesses whose data processing creates a risk to consumers; and
- replacing important enforcement provisions.
As such, the CCPA Board recommends opposing HR 8152.
UPDATE (2 August 2022)
California: CPPA Board votes to oppose ADPPA
The CPPA Board announced on, 28 July 2022, that it had unanimously voted to oppose the ADPPA. In particular, the CPPA Board highlighted that the ADPPA significantly weakens Californians' privacy protections by pre-empting the CCPA and other state privacy laws. Furthermore, the CPPA Board voted to oppose any bill that it believed would similarly threaten privacy protections for Californians but notably, left room to support federal privacy legislation that would allow states to implement stronger protections.
You can read the press release here.