At the time of the writing of this article, the final language of the California Consumer Privacy Act (“CCPA”) is yet to be determined. Nevertheless, given the effective date of the statute, as well as the requirement to provide California consumers with access to their personal information (“Personal Information” as defined by the CCPA) for the 12-month period preceding a consumer’s request, many companies have begun CCPA preparations in earnest. Providing definitive guidance on CCPA compliance absent the final statutory language and prior to guidance from the Attorney General’s (“AG”) office, however, is challenging. In addition to the many drafting errors spotted by privacy commentators, several sections of the CCPA are susceptible to conflicting interpretations—often as a result of statutory language that appears at odds with the statute’s stated purpose.
In this article originally published in the Media Law Resource Center Bulletin, “Legal Frontiers in Digital Media” (Spring 2019), Marc J. Zwillinger, Kandi Parsons, and Michelle Anderson address some of the more complicated parts of CCPA compliance by responding to the types of practical questions they have been asked.