As the California Attorney General embarks on promulgating regulations pursuant to the California Consumer Privacy Act (CCPA), IAB has submitted comments that offer recommendations toward strengthening and improving the law. In particular, we suggest the adoption of regulations that would resolve statutory ambiguities and address implementation gaps, while still satisfying the law’s privacy centric goals. IAB is eager to continue collaborating with Attorney General Becerra and his team, as well as Members of the California State Assembly, to harness the potential of CCPA to offer a new era of transparency, choice, and accountability to Californians.
- The need to treat a person’s employee data and consumer data differently, in order to stave off disruption of employer-employee relationships and expose proprietary business records to risk.
- Consumers should be able to opt-out of the sale of some of their data, not all of it, depending on their preferences, thus giving them full control of how their data is shared and/or sold.
- Businesses should not be forced to reidentify information that has been pseudonymized. Without further clarification, the CCPA could be read to compel businesses to link identifiable and non-identifiable information, thereby destroying a common consumer privacy protection.
- The term “household” must be clarified, in order to define who has access to personal information among a group of individuals. IAB suggests the AG clarify the definition of “household” to mean information known about the consumer making the request and information about others in the household only if the individual making the request is an authorized representative of such other persons.
- Clarify that third parties have the choice to rely on contractual, written, or other assurances from businesses selling data to the third party that the CCPA-required “explicit notice” has been provided as one method of providing explicit notice.
- Allow businesses to charge a reasonable subscription fee to consumers who have opted out from businesses’ sale of their data, in order to preserve the value exchange that allows online advertising to enable internet users to access the content and services they love at little to no cost.