Two privacy law clean-up bills clear first hurdle

Two bills authored by Assemblymember Jacqui Irwin (D-Thousand Oaks) that would make technical changes to the California Consumer Privacy Act (CCPA), passed last year, made it out of their first committee at the end of April.

AB 873 is aimed at clarifying the definition of “personal information” used in the CCPA. Under existing law “personal information” is defined to include information that “is capable of being associated with” a consumer. A coalition of business groups, including CNPA, has raised concerns about the unintended consequences of such a broad definition. AB 873 would amend the definition of “personal information” to include a narrower, more concrete standard.

The measure will next be heard by the Assembly Appropriations Committee.

AB 874 addresses a different issue with the definition of “personal information” in the CCPA. Namely, it would strike a provision in the law which states that information obtained from public records is not considered personal information only if the information is used for a purpose that is “compatible” with the purpose the government agency made the information available. CNPA and others raised concerns about the workability and constitutionality of the limiting provision.

The measure has been placed on the Assembly consent calendar where it could be taken up on the Assembly floor in the next few days.