On October 12, 2020, the California Attorney General issued an additional set of proposed modifications (the “Proposed Modifications”) to the regulations implementing the California Consumer Protection Act. The Proposed Modifications would make the following revisions to the existing regulations:
First, a business that collects personal information in the course of interacting with consumers offline is required to provide notice by an offline method that facilitates consumers’ awareness of their right to opt-out. In addition, a business that collects personal information over the phone may provide the notice orally during the call where the information is collected.
Second, a business’s methods for submitting requests to opt-out shall be easy for customers to execute and shall require minimal steps to allow the consumer to opt-out. For example, the Proposed Rule does not allow a business to use confusing language, such as double-negatives, when providing consumers the choice to opt-out. Another illustrative example is that upon clicking the “Do Note Sell My Personal Information” link, the business shall not mandate the consumer to review through the whole text of a privacy policy or other similar document or webpage to locate the opt-out mechanism.
Third, the Proposed Modifications provide clarification on how businesses may require proof from customers submitting their request to know or request to delete through an authorized agent. A business may require the authorized agent to provide proof that the customer has given the agent signed permission to submit the request.
Forth, the Proposed Modifications specifically require that businesses subject to either the rules regarding processes for the opt-in to the sale of personal information by the parent or guardian of consumers under 13 years of age or the rules regarding processes for the opt-in to the sale of personal information by consumers between 13 and 15 years of age should include a description of the processes set forth in those rules in its privacy policy.
The California Department of Justice is accepting written comments from the public on the Proposed Rule until October 28, 2020.