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California: CPRA on track to pass with majority of votes counted

The California Privacy Rights Act of 2020 ('CPRA'), or Proposition 24 under the California General Election of 3 November 2020, is on track to pass with 6,305,627 (56.1%) votes in favour and 4,932,340 (43.9%) votes against, and 85.3% of the total votes so far counted. In particular, the CPRA would amend the California Consumer Privacy Act of 2018 ('CCPA') and require businesses to: 

  • not share a consumer's personal information upon the consumer's request;
  • provide consumers with an opt-out option for having their sensitive personal information, as defined in law, used or disclosed for advertising or marketing;
  • obtain permission before collecting data from consumers who are younger than 16;
  • obtain permission from a parent or guardian before collecting data from consumers who are younger than 13; and
  • correct a consumer's inaccurate personal information upon the consumer's request.

The CPRA would become operative on 1 January 2023 and would apply only to personal information collected after 1 January 2022.

You can track the election results here

UPDATE (4 November 2020)

CPRA approved by Californians

Californians for Consumer Privacy, the group led by Alastair Mactaggart, announced, on 4 November 2020, that 56% of voters supported the CPRA measure which, according to Mactaggart, seeks to strenghten to strengthen consumer privacy rights in California. 

Mactaggart highlighted, "With tonight’s historic passage of Prop 24, the [CPRA], we are at the beginning of a journey that will profoundly shape the fabric of our society by redefining who is in control of our most personal information and putting consumers back in charge of their own data. I'm looking forward to the work ahead and the next steps in implementing this law, including setting up a commission that is dedicated to protecting consumers online."

You can read the press release here