The California Consumer Privacy Act: 3 Early Questions

By Grant Davis-Denny, Jordan Navarrette and Nefi Acosta (July 2, 2018, 4:28 PM EDT) -- Less than two weeks ago, the most far-reaching privacy measure ever to be enacted in this country had not even been introduced in the California Legislature. But careful deliberation was a luxury lawmakers no longer could afford. It was by then apparent that a ballot initiative called the California Consumer Privacy Act of 2018 was going to qualify for the November ballot. And there was growing concern that aspects of the initiative — such as a statutory damages provision for any violation of the CCPA's new duties, a new whistleblower and private attorney general enforcement system and a provision prohibiting future amendments to the initiative without 70 percent approval in the Legislature — were deeply flawed. Only a week before the deadline for removing the initiative from the ballot, legislators reached a compromise with the measure's proponent: If the Legislature passed and the governor signed a modestly amended version of the initiative by June 28, 2018, the proponent would withdraw his measure. And so, with limited opportunity for deliberation, the Legislature passed and the governor signed the compromise legislation just hours before the deadline.[1]...

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