California: OAG launches consultation on fourth set of modified CCPA regulations
The Office of the California Attorney General ('OAG') issued, on 10 December 2020, a fourth set of proposed modifications to the Regulations under the California Consumer Privacy Act of 2018 ('CCPA'), and launched a public consultation on the same. In particular, the proposed modifications re-introduce the image of an opt-out button, which may be used in addition to posting the notice of right to opt-out, however, it cannot replace the requirement to post the notice of right to opt-out or a 'Do Not Sell My Personal Information' link. In addition, the opt-out button may be added to the left of the text in cases where a business posts the 'Do Not Sell My Personal Information' link and it should direct consumers to the same Internet webpage or online location where they would be directed after clicking on the 'Do Not Sell My Personal Information' link. According to the proposal, the size of the opt-out button must be approximately the same size as other buttons used on a business's website.
Furthermore, the proposed modifications clarify that a business selling personal information that it collects from consumers in the course of interacting with them offline, must inform such consumers of their right to opt-out by an offline method and provide instructions on how to submit a request to opt-out. Finally, the proposed modifications, similar to the previous version issued in October, suggest the inclusion of a provision stating that submitting requests to opt-out shall be easy for consumers to execute and require minimal steps to allow opt-out and that a business shall not use a method that is designed with the purpose or has the substantial effect of subverting or impairing a consumer's choice to opt-out.
The proposed modifications are available for public consultation until 5:00 p.m. on 28 December 2020.