June 16, 2021

CPPA Inaugural Meeting Provides In-Depth Debate on Agency's Agenda

Holland & Knight Cybersecurity and Privacy Blog
Veronica L. Canton

The California Privacy Protection Agency (CPPA) held its inaugural public meeting on June 14, 2021. The meeting kicked off what is set to be a full schedule for the agency for the next year.

On Nov. 3, 2020, California voters approved Proposition 24, the California Privacy Rights Act (CPRA). The CPRA created the CPPA, a state-level agency focused on privacy regulation in California. The CPRA amended and expanded California's existing consumer privacy law, the California Consumer Privacy Act (CCPA). The CPPA is vested with full administrative power, authority and jurisdiction to implement and enforce the CCPA and the CPRA once the CPRA goes into effect on Jan. 1, 2023.

The CPPA is governed by a five-member board, of which two members were appointed by Gov. Gavin Newsom, one by the attorney general, one by the Senate Rules Committee and one by the Speaker of the Assembly. Board members must have the qualifications, experience and skills in the relevant areas to perform their duties as required under the CPRA. Cal. Civ. Code §1798.199.15.

Board members are Chair Jennifer M. Urban, Lydia de la Torre, Vinhcent Le, Angela Sierra and J. Christopher Thompson. The CPPA will replace the state's attorney general as the primary enforcer of the CCPA.

The Meeting Agenda

The CPPA meeting, which lasted more than six hours, provided attendees with the necessary background to understand the processes and procedures required for the board to effectively and efficiently perform its duties. The agenda covered the initial steps that must be taken to meet a July 2022 deadline for setting policies, best practices and establishing an initial hiring strategy that includes timelines and responsibilities. One board member suggested the agency's staff could grow to 50 employees.

Proposed Subcommittees

The chair proposed and the board approved the following subcommittees:

Regulations Subcommittee

 Chair Urban and Ms. de la Torre have been selected for this committee that would advise the board on the CPPA's rulemaking responsibilities. This would be an exploratory committee to begin research regarding agency priorities and provide recommendations to the CPPA board.

Public Awareness And Guidance Subcommittee

Mr. Le and Mr. Thompson would lead this committee and advise the board on how best to meet the board's public awareness and guidance responsibilities under Cal. Civ. Code § 1798.199.40 (d) – (f). These include:

d) promoting public awareness and understanding of the risks, rules, responsibilities, safeguards and rights in relation to the collection, use, sale and disclosure of personal information, including the rights of minors with respect to their own information

e) providing guidance to consumers regarding their rights under this title

f) providing guidance to businesses regarding their duties and responsibilities under this title

Startup and Administration Subcommittee

Ms. Sierra and Chair Urban would staff this committee that would consult with the California Business, Consumer Services and Housing Agency and other state groups to form the necessary and appropriate administrative procedures, protocols and other matters for the board to consider in tandem with hiring an executive editor for a successful launch of the CPPA.

Upcoming Meetings

The board did not set a specific date for its next meeting, but it did state it planned to hold monthly public meetings. At the next meeting, the subcommittees will provide updates on their progress.

We Can Help

For more information about the CCPA, CPRA, CPPA, guidance interpreting privacy laws or questions on establishing a compliant privacy program at your company, contact the author or Mark Melodia, chair of Holland & Knight's Data Strategy, Security & Privacy Team. To stay informed on the latest data privacy news, sign up for the Holland & Knight Cybersecurity and Privacy Blog.

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