Today's Regulatory Mix: California Attorney General Announces Final CCPA Regulations, Massachusetts Attorney General Announces Creation of New Privacy Division, FCC Seeks Nominations For USAC Board

California Attorney General Announces Final CCPA Regulations

The Attorney General of California announced approval by the Office of Administrative Law (OAL) of final regulations under the California Consumer Privacy Act (CCPA).

Proposed final regulations were submitted to the OAL by Attorney General Becerra on June 1, 2020. During OAL's review process, additional revisions were made to the proposed regulations. The approved regulations go into effect immediately.

"In California, privacy is an inalienable right. Californians should control who possesses their personal data and how it’s used,” said Attorney General Becerra. “With these rules finalized, California breaks ground and leads the nation to protect and advance data privacy. These rules guide consumers and businesses alike on how to implement the California Consumer Privacy Act. As we face a pandemic of historic proportions, it is particularly critical to be mindful of personal data security.”

CCPA was signed into law on June 28, 2018, and was further amended on September 23, 2018, by SB 1121 and on October 11, 2019, by AB 25, AB 874, AB 1146, AB 1355, and AB 1564. The law went into effect on January 1, 2020. CCPA grants California consumers robust data privacy rights and control over their personal information including the right to know, the right to delete, and the right to opt-out of the sale of personal information that businesses collect, and includes additional protections for minors. The regulations establish procedures for compliance and exercise of rights, as well as clarifying important transparency and accountability mechanisms for businesses subject to the law.

A copy of the approved final regulations can be found here.

Massachusetts Attorney General Announces Creation of New Privacy Division

In a press release, Massachusetts Attorney General Maura Healey announced the creation of the Data Privacy and Security Division within her office to protect consumers from the surge of threats to the privacy and security of their data in an ever-changing digital economy.

AG Healey has also named Sara Cable as Chief of the new Data Privacy and Security Division.

“The Data Privacy and Security Division will build on our office’s commitment to empowering Massachusetts consumers in the digital economy, ensuring that companies are protecting personal data, and promoting equal and open access to the internet,” said AG Healey. “Sara has spearheaded these efforts within our office for years and we are excited to have her leading this new division.”

As Division Chief, Cable will expand the Office’s work protecting consumers’ data privacy and empower consumers in the digital economy while also promoting equal and open access to the internet. The Data Privacy and Security Division will also build on the Office’s national reputation as a leader in consumer data protection and investigate and enforce the Massachusetts Consumer Protection Act and Data Breach Law to protect the security and privacy of consumers’ data.

FCC Seeks Nominations For USAC Board

The FCC’s Wireline Competition Bureau (Bureau) is seeking nominations certain Board member positions on the Board of Directors of the Universal Service Administrative Company (USAC) listed below for a three-year term. This includes a representative for: (1) ILECs (non-Bell Operating Companies) with $40 million or less in annual revenues; (2) CLECs; and (3) IXCs with annual operating revenues of $3 billion or less. Representatives are also sought to represent low-income consumers; schools that are eligible to receive E-Rate discounts; rural health care providers that are eligible to receive Rural Health Care support.

 If members of the relevant industry or non-industry group fail to reach consensus on a candidate to serve on the Board, or fail to submit a nomination for the particular Board member seat, the FCC’s Chairman will select an individual from that industry or non-industry group to serve.   Nominations must be filed by October 13, 2020.

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The Regulatory Mix, Inteserra’s blog of telecom related regulatory activities, is a snapshot of PUC, FCC, legislative, and occasionally court issues that our regulatory monitoring team uncovers each day. Depending on their significance, some items may be the subject of an Inteserra Briefing.