California AG Seeks to Add Private Right of Action to State Privacy Law

livestreamed news conference. Current law empowers the AG to enforce CCPA, but SB-561 would also allow consumers to file a civil action about any violation, Becerra said. It would remove a CCPA provision giving businesses 30 days to fix a violation before the AG can enforce the law, which he described as a “get-out-of-jail-free pass.” Businesses can’t fully cure violations like selling personal data, Becerra said. “Once it’s public, how can it ever then become private?” A third change would clarify the AG will publish guidelines but doesn’t have to respond to requests by any business or third party about the law. The AG won’t give free legal advice to businesses at taxpayer expense, Becerra said. Proposed tweaks aim to increase deterrence of privacy violations, and lawmakers this year will continue to discuss ways to tighten CCPA, said Jackson, the bill’s sponsor: “You've got to put some teeth in these laws.” Privacy interests expect a busy year adjusting CCPA (see 1902010015). The law will be enforced from Jan. 1, though AG has until July 1, 2021, to adopt rules and guidance. FTC Commissioner Rohit Chopra warned Congress against “deleting” state privacy laws with a pre-emptive federal standard (see 1902250040).