Goal & Issue Summary
Proactively develop and promote privacy principles and policies that protect consumers without stifling innovation and that avoid costly and unnecessary legal liability and compliance burdens on businesses.
Position: The California Chamber of Commerce appreciates and understands the need and desire for consumer privacy. However, with anything, there must be balance. The CCPA, even after amendments in 2019, will still create significant challenges for businesses of all sizes to comply with and operationalize. Additionally, once the CCPA is implemented, there may be unintended consequences to consumers with regard to access to data, programs, apps, and advertising. With the pending initiative and regulations, this issue will remain a top priority for the Legislature to consider and review in 2020.
California Consumer Privacy Act
Cleaned up onerous consumer privacy law in 2018 by working with members and other affected parties to negotiate clean-up language to consumer privacy law passed in 2018, including delayed enforcement and provisions clarifying that the private right of action applies only to additional liability for businesses after a data breach (SB 1121).
Led coalition in 2017 that negotiated amendments to protect the ability of business to offer free gifts or trials while allowing consumers who signed up online to cancel online (SB 313).
Stopped onerous, duplicative mandates in 2017 on manufacturers/retailers of devices that connect to the internet (SB 327); drastic restrictions on internet providers (AB 375); and a bill that risks stunting growth of unmanned aircraft systems (SB 347).
Maintaining Balance Between Privacy, Innovation
- Secured amendments in 2016 to remove problematic aspects of two bills (AB 83, AB 2623) and prevented passage of bills creating overly prescriptive mandates (AB 2688), interfering with businesses’ ability to interact with consumers (AB 2867), and potentially exposing proprietary information (SB 949).
- Stopped proposals in 2016 that would have stifled drone innovation and use (SB 868, AB 2724).
- Secured amendments in 2015 to make data breach legislation more workable for businesses (SB 570, AB 964).
- Supported modernization of digital surveillance laws in 2015 to provide clarity to business about when and how government can gain access to electronically stored consumer information (SB 178).
Protecting Victims of Identity Theft. Backed urgency bill to authorize restitution for expenses for three years to monitor an identity theft victim’s credit report and for the costs to repair the victim’s credit (SB 208 of 2011).
Combating Costly Identity Theft. Supported enactment of a law making it easier to prosecute identity theft offenses by expanding the jurisdiction to include any place where an offense occurred (SB 226 of 2009).
Neutralizing Overly Expansive Privacy Proposals. Secured amendments in 2009 to proposals (ultimately vetoed) potentially exposing businesses to further data breaches by expanding the content of required breach notifications (SB 20) and requiring social networking sites to prohibit and prevent photos posted to a site from being copied (AB 632).
Privacy/Cybersecurity, Technology, Telecommunications, Economic Development, Elections/Fair Political Practices