People are strange…with apologies to The Doors. Alas, politicians are stranger. And this brings us to the story of the peculiar origins of the California Consumer Privacy Act, the new privacy law in California that is causing a mighty ruckus.
Let’s take, for example, the three-prong threshold test for the CCPA. Trigger a prong, and you must comply with the law. However, one glance at each of the three tests shows one does not exactly belong.
The first CCPA test is whether the business generates twenty-five million dollars or more annually in gross revenues. The second test, however, sets a standard of collecting data from only 50,000 people or households. For a website, that number translates to about 140 Californians visiting the site each day – a low number. The revenues generated for a site receiving that volume of traffic will be nowhere near twenty-five million dollars a year. A million dollars a year seems a stretch. For a blog on cooking, we could be talking less than $100,000. Despite this and numerous people commenting/complaining about the number, the legislature has shown little interest in increasing the 50,000 figure.
This haphazard approach is how we end up with laws impacting groups that the backers of the law never intended to target. Let’s be frank. The CCPA was drafted to pursue data brokers and large data miners such as Google and Facebook. It was never meant to tackle “Big Cooking Blogger.” The peculiar origins of the California Consumer Privacy Act just make matters worse.
And yet here we are. What a pity.
Richard A. Chapo, Esq.
More Articles On The California Consumer Privacy Act: