On February 10, 2023, the California Privacy Protection Agency (CPPA) issued an invitation for public commentary on the topics that will be included in their future rulemaking: cybersecurity audits, risk assessments and automated decision-making. This invitation was among the decisions made by the CPPA at their public board meeting on February 3, where they voted unanimously to approve the final text of the California Privacy Rights Act (CPRA) regulations, the implementing regulations for the CPRA, which amends the existing California Consumer Privacy Act (CCPA).
Cybersecurity audits, risk assessments and automated decision-making are all areas of CPPA rulemaking authority added by the CPRA. The CPPA’s invitation for commentary specifies questions the agency has for each of these topics, including but not limited to:
- Cybersecurity Audits – What are some of the current laws requiring cybersecurity audits and what models do they use?
- The CPPA is looking to learn about the processes businesses have implemented to comply with these laws, as well as any gaps or weaknesses and their impact on consumers.
- Risk Assessments – How should the CPPA determine what processing of personal information presents significant risk to consumer privacy or security?
- Here the CPPA is interested in hearing about different models or factors for determining when processing requires a risk assessment due to consumer risk, including the European Data Protection Board (EDPB) Guidelines on Data Protection Impact Assessments.
- Automated Decision-making – How should the CPPA handle access and opt-out rights for businesses using automated decision-making?
- The approach of existing laws, frameworks or best practices and their weaknesses is of interest to the CPPA. The CPPA is also looking for details on the prevalence of algorithmic discrimination and how access and opt-out rights may address it.
Companies that have been on the sidelines observing the CPRA regulatory process before taking action now have a final blueprint for what is required of them. Compounding the urgency, the final regulations arrive on the heels of the California Attorney General’s (AG) publishing of enforcement examples from mobile app companies over compliance with provisions of the CCPA. Meanwhile, the CPPA’s administrative enforcement powers take effect July 1, 2023. This comment period presents a great opportunity to help shape key lingering regulatory issues for California’s flagship privacy agency.
Comments are due by March 27, 2023, at 5:00 p.m. ET.
Cybersecurity audits, risk assessments and automated decision-making are all areas of CPPA rulemaking authority added by the CPRA. The CPPA’s invitation for commentary specifies questions the agency has for each of these topics, including but not limited to:
- Cybersecurity Audits – What are some of the current laws requiring cybersecurity audits and what models do they use?
- The CPPA is looking to learn about the processes businesses have implemented to comply with these laws, as well as any gaps or weaknesses and their impact on consumers.
- Risk Assessments – How should the CPPA determine what processing of personal information presents significant risk to consumer privacy or security?
- Here the CPPA is interested in hearing about different models or factors for determining when processing requires a risk assessment due to consumer risk, including the European Data Protection Board (EDPB) Guidelines on Data Protection Impact Assessments.
- Automated Decision-making – How should the CPPA handle access and opt-out rights for businesses using automated decision-making?
- The approach of existing laws, frameworks or best practices and their weaknesses is of interest to the CPPA. The CPPA is also looking for details on the prevalence of algorithmic discrimination and how access and opt-out rights may address it.
Companies that have been on the sidelines observing the CPRA regulatory process before taking action now have a final blueprint for what is required of them. Compounding the urgency, the final regulations arrive on the heels of the California Attorney General’s (AG) publishing of enforcement examples from mobile app companies over compliance with provisions of the CCPA. Meanwhile, the CPPA’s administrative enforcement powers take effect July 1, 2023. This comment period presents a great opportunity to help shape key lingering regulatory issues for California’s flagship privacy agency.
Comments are due by March 27, 2023, at 5:00 p.m. ET.
Previous Entries
Data Dive
January 22, 2025
On January 17, 2025, days before the inauguration, former President Joe Biden issued an executive order titled Strengthening and Promoting Innovation in the Nation's Cybersecurity (EO 14144). Building on previous efforts, including Executive Order 14028, this directive seeks to bolster cybersecurity across federal systems, supply chains and critical infrastructure from adversarial nations, particularly from the People’s Republic of China (PRC).
Data Dive
January 10, 2025
UPDATE: The California Privacy Protection Agency (CPPA) has extended the deadline for submitting public comments from January 14 to February 19, 2025, in response to the recent California wildfires. This extension aims to afford stakeholders additional time to provide comprehensive and detailed feedback, considering the significant challenges posed by the wildfires.
Data Dive
November 25, 2024
Treasury has issued a Final Rule to implement President Biden’s 2023 EO targeting U.S. investments in Chinese companies engaged in certain activities related to semiconductors, quantum computing or AI.
Data Dive
November 19, 2024
The European Union’s AI Office published the inaugural General-Purpose AI Code of Practice on November 14, 2024. The Code is intended to assist providers of AI models in their preparations for compliance with the forthcoming EU AI Act, to be enforced from August 2, 2025. The Code is designed to be both forward-thinking and globally applicable, addressing the areas of transparency, risk evaluation, technical safeguards and governance. While adherence to the Code is not mandatory, it is anticipated to serve as a means of demonstrating compliance with the obligations under the EU AI Act. Following a consultation period that garnered approximately 430 responses, the AI Office will be empowered to apply these rules, with penalties for nonconformity potentially reaching 3% of worldwide turnover or €15 million. Three additional iterations of the Code are anticipated to be produced within the coming five months.
Data Dive
November 15, 2024
On October 29, 2024, the DOJ issued a proposed rule prohibiting and restricting certain transactions that could allow persons from countries of concern, such as China, access to bulk sensitive personal data of U.S. citizens or to U.S. government-related data (regardless of volume).
Data Dive
October 17, 2024
During the course of any lending transaction, lenders will conduct a due diligence review of the borrower, including reviewing any relevant “know-your-customer” information.
Data Dive
September 17, 2024
Following the publication of the European Union’s Artificial Intelligence Act (AI Act or Act) on 12 July 2024, there are now a series of steps that various EU bodies need to take towards implementation. One of the first key steps is in relation to the establishment of codes of practice to “contribute to the proper application” of the AI Act.
Data Dive
August 6, 2024
On July 30, 2024, the Senate passed the Kids Online Safety and Privacy Act (S. 2073) via an overwhelmingly bipartisan vote of 91-3 shortly before departing for the August recess.
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