Clarify the CCPA’s Right of Access, Akin Gump Lawyers Write in Law360 Article

Law360 has published the article “Calif. AG Must Clarify Consumer Privacy Act Right Of Access,” written by Akin Gump litigation partners Seamus Duffy, Michael Stortz and Meredith Slawe and associate Julie Busta. The second part of a Law360 series by Akin Gump lawyers examining the new California Consumer Privacy Act (CCPA), this article looks at the section of the statute that provides a right of access—the right of a consumer “to demand that a business disclose select information about data collected from the consumer, including the ‘specific pieces’ of personal information collected from that consumer, in the year preceding the request.” (Click here to read the first article installment.)

In the article, the authors suggest there are “at least three significant challenges that the California attorney general will need to meet and to resolve in the coming regulations to rationalize and make workable the right of access as drafted.” They are:

• Making clear in the regulations “that the rights of access and deletion in the CCPA do not require businesses to reidentify or otherwise link previously deidentified or pseudonymized data.”
• Making clear that “the right of access is limited by the privacy rights of household members and shared device users.”
• Adopting “proper protections for trade secrets and other intellectual property rights.”

The article concludes with a call for California’s top law enforcer to “take practical and decisive action to make the CCPA a workable statute.”

To read the article in its entirety, please click here.