Joan Stewart Comments on CCPA Implementation as Effective Date Nears

September 30, 2019

Joan Stewart, of counsel in Wiley Rein’s Privacy, Cyber & Data Governance Practice, was quoted last week in a Communications Daily article about the California Consumer Privacy Act (CCPA). The state legislature this month passed several amendments to the 2018 law, which will be implemented through a rulemaking by the California Attorney General. The CCPA takes effect on January 1, 2020. Enforcement will begin on July 1, 2020, or six months after the rules are published – whichever comes first.

Ms. Stewart said businesses, while pleased that California lawmakers did not pass a private right of action in amending the CCPA, had sought additional changes to make the law more practical.

Ms. Stewart, who represents technology companies, broadcasters, and other businesses, noted that “we’re not going to see changes in the law with the AG rulemaking because that’s not their job. … Their job is to implement the law as currently written.” The AG will focus instead on “how to operationalize the law.” Once the CCPA has been implemented, stakeholders may seek additional legislative changes if certain provisions prove burdensome or confusing, she said.

Regarding calls for Congress to preempt the CCPA, Ms. Stewart said such action appears “extremely unlikely,” in part because of disagreement surrounding whether federal laws should preempt state laws.

The article can be found here (subscription required).