{"id":101,"date":"2018-08-15T15:16:18","date_gmt":"2018-08-15T19:16:18","guid":{"rendered":"https:\/\/pbacyber.com\/?p=101"},"modified":"2019-04-12T11:00:23","modified_gmt":"2019-04-12T15:00:23","slug":"so-it-begins-california-adopts-legislation-that-reminds-many-of-the-gdpr","status":"publish","type":"post","link":"https:\/\/pbacyber.com\/index.php\/2018\/08\/15\/so-it-begins-california-adopts-legislation-that-reminds-many-of-the-gdpr\/","title":{"rendered":"So, it begins: California adopts legislation that reminds many of the GDPR"},"content":{"rendered":"

Jordan Fischer,<\/span> XPAN Law Group<\/a><\/p>\n

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A common question that we receive at our firm is: will the U.S. adopt legislation similar to the GDPR? And, if yes, what will that look at? Well, let us look into our \u201cmagic-8\u201d ball … And, no surprise, it looks like privacy is moving (slowly) across the pond to the US \u2014 and the most recent example is the adoption of the California Consumer Privacy Act of 2018<\/a> (CCPA).<\/p>\n

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While the CCPA is grabbing headlines, one does not need promethean sight to predict that privacy protections are gaining traction at the state level. Many states have already started to address privacy issues, each with unique nuances. Check out our recent \u201cPrivacy is the New Black<\/a>\u201d post for a more detailed discussion on these changes.<\/p>\n

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The reason the CCPA has received so much attention is because it is the first domestic legislation that looks *somewhat* like the European Union\u2019s General Data Protection Regulation<\/a> (\u201cGDPR\u201d). If you have been under a rock, the GDPR caused (and continues to cause) panic regarding how companies are collecting, processing, and using personal data. It has brought privacy to the forefront for many entities who, up until now, have had free reign to do with data as they see fit.<\/p>\n

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For many US based companies, the GDPR seems scary but once-removed so as not to cause true change. We hear all the time: \u201cbut how can the EU come after me in the United States?\u201d For those companies who kept minimizing the impact of the GDPR, the CCPA brings many of the issues directly home in the United States.<\/p>\n

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And, the CCPA does track, in some key ways, the rights and the goals of the GDPR. Similar to the GDPR, the CCPA derives from a right to privacy, recognized by the California Constitution, Article 1, Section 1<\/a>. Further, the CCPA parallels the GDPR to focus on \u201cgiving consumers an effective way to control their personal information, thereby affording better protection for their own privacy and autonomy.\u201d See Sec. 2(i).<\/p>\n

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However, while the origin and intent behind both pieces of legislation are similar, the CCPA is more narrowly focused, and does not go as far the GDPR in providing the transparency in data processing and giving the data subject\/consumer control over her data.<\/p>\n

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The CCPA provides the following rights:<\/p>\n