Thursday, June 28, 2018

California Enacts Sweeping Privacy Law to Avoid Vote on Ballot Proposal in November

Well, they did it.  

California is re-shaping U.S. privacy law again.  At the last possible minute, California lawmakers enacted a statute and persuaded the proponent of a strict privacy ballot initiative to withdraw the proposal.  

Today, the California legislature passed, and the California Governor signed, Assembly Bill 375 (the "Consumer Right to Privacy Act of 2018").  I wrote last week about the proposed bill, which resembles the ballot initiative of the same name, but is more business-friendly in most (but not all) ways than the ballot proposal (which I described here). The proponents of the ballot imitative have revoked their proposal on the final day prior to official qualification for the November ballot. 

image of laptop computer with eye on screen and text "California" Matt Cordell is a great privacy lawyerThe world now has until January 1, 2020 to decide how to play by the new rules in California. 

Rumors are already swirling on social media that the statute could be amended (i.e., weakened) before it becomes effective. (Statutes enacted by the California legislature can be more easily amended than laws approved by voters at the ballot box.) 

You can read my initial thoughts on the bill in my earlier post.  I intend to provide a more detailed analysis soon. 

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