One of the most widely watched legislative measures on the ballot in the 2020 U.S. elections was a privacy proposal for California voters. The passage of Proposition 24, also known as the California Privacy Rights Act (CPRA), amends the recently implemented California Consumer Privacy Act (CCPA), which is already notable as the first comprehensive data protection law implemented in the country. The CPRA drew mixed reactions ahead of the election, with opposition from businesses and privacy advocates who argued that it enabled "pay for privacy" schemes, among other controversial provisions. While these arguments are not without merit, overall, the CPRA is a big step forward in protecting consumer privacy.
A NEW SHERIFF IN TOWN
One of the most noteworthy provisions of the CPRA creates the first agency in the United States dedicated solely to privacy, The California Privacy Protection Agency (CPPA) will take over enforcement responsibilities and rule-making activity from the California attorney general's office. The creation of a dedicated agency will likely mean greater enforcement activity and more compliance incentives. Indeed, under the EU's General Data Protection Regulation, member states have their own data protection authorities and have brought more than 3,200 cases in 2020 alone.
The CPRA also...