CalChamber Weighs Next Step in CPRA Challenge
The California Chamber of Commerce “is considering its options,” said a CalChamber spokesperson after a state appeals court on Friday reversed a lower court’s decision to delay a state agency’s enforcement of California Privacy Rights Act regulations (see 2402090078). In…
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
June, the California Superior Court in Sacramento had granted a CalChamber petition and stayed any California Privacy Protection Agency (CPPA) rules for 12 months after they become final (see 2307030025). The privacy agency could have started enforcing CPRA rules July 1, but the lower court’s decision meant rules adopted March 29, wouldn’t take effect for one year. “Because there is no ‘explicit and forceful language’ mandating that the Agency is prohibited from enforcing the Act until (at least) one year after the Agency approves final regulations, the trial court erred in concluding otherwise,” wrote 3rd District Justice Elena Duarte wrote. CalChamber praised the court for noting that the agency “failed to comply with the express terms of the statutory provision regarding the adoption of final regulations,” said the business group’s spokesperson: But CalChamber is disappointed that the appeals court didn’t “agree on a remedy for the Agency’s failure to comply.” The CPPA applauded the decision. “The California voters didn’t intend for businesses to pick and choose which privacy rights to honor,” said CPPA Enforcement Deputy Director Michael Macko: Agency enforcers stand “ready to take it from here.”