California’s new privacy law is a bit of an oddball. The law did not go through the normal legislative process. Instead, the law began as an initiative. Politicians rushed the initiative into law for practical reasons. As politicians are wont to do, the effort to rush a bill through the legislature created many practical problems. Primary among these issues is what is the California Consumer Privacy Act effective date? You will often read the date is January 1, 2020, but that is no longer true to some extent as we cover here:
CCPA Effective Date
The California Legislature has created a rather stunning mess with the CCPA. The law represents a classic scenario where the horse was put before the cart. The CCPA is the equivalent of writing a rough draft of a feature article for a magazine, publishing it, and then editing the content. It makes little sense. The fact our representatives have enacted a law that requires significant changes to business infrastructure, but has no clear effective date is staggering. Most companies are planning on a California Consumer Privacy Act effective date early summer in 2020, but what if the Attorney General issues final regulations in January 2020? Chaos. Pure, unfettered chaos.
Ultimately, the lack of a clear effective data for the CCPA is indicative of the new privacy law overall. The European Union spent in excess of four years negotiating and drafting the General Data Protection Regulation. Canada spent a rather staggering ten years on its email spam law. As you likely know, California converted the new law from an initiative to an enacted law in seven to ten days. As I write this post, there are no less than fifteen bills working their way through the legislative process that will amend the privacy law; sometimes in exceedingly significant ways. Madness.
Richard A. Chapo, Esq.
More Articles On The California Consumer Protection Act: