On Sept. 25, 2019, Californians for Consumer Privacy, a nonprofit group led by the real estate magnate who spurred passage of the California Consumer Privacy Act (CCPA ) of 2018, filed a new ballot measure called the California Privacy Rights and Enforcement Act (CPRE or now painfully dubbed by many as "CCPA 2.0").

A full version of the annotated initiative is available at https://www.caprivacy.org/CPREA2020.

The CPRE purports to give consumers more control over their information by:

  • establishing a state agency called the California Privacy Protection Agency, which would have authority to issue guidance on the CPRE and to enforce it. This agency, with its interpretative and enforcement powers, is analogous to Data Protection Authorities under the GDPR and European data protection laws, and the California Attorney General with respect to the CCPA
  • creating new rights around additional categories of personal information, including health and financial information, racial and ethnic origin and precise geolocation
  • addressing automated decision-making and profiling
  • addressing election disclosures

Californians for Consumer Privacy needs to collect at least 623,212 signatures in order to qualify for the ballot initiative for November 2020.

Yesterday, Travis LeBlanc joined Alastair Mactaggart and Stacey Schesser from the California Attorney General's Office in an invigorating conversation at the IAPP's Privacy.Security.Risk conference about the new ballot initiative and the future of the CCPA.

We are analyzing the initiative and will provide further thoughts.

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