Libbie Canter, Lindsey Tonsager, Jayne Ponder, Alexandra Scott, and Jorge Ortiz of Covington and Burling write:
On February 9, the Third Appellate District of California vacated a trial court’s decision that held that enforcement of the California Privacy Protection Agency’s (“CPPA”) regulations could not commence until one year after the finalized date of the regulations. As we previously explained, the Superior Court’s order prevented the CPPA from enforcing the regulations it finalized on March 29, 2023 until March 29, 2024. However, the Appellate court held that “because there is no ‘explicit and forceful language’ mandating that the [CPPA] is prohibited from enforcing the [California Consumer Privacy Act (“CCPA”)] until (at least) one year after the [CPPA] approves final regulations, the trial court erred in concluding otherwise.”
The Appellate court acknowledged that the CPPA failed to meet its statutory deadline (i.e., July 1, 2022) for adopting final regulations and that the statute provided an enforcement date of one year after this deadline, but nonetheless concluded that the CCPA does not require a “one-year delay” between the CPPA’s approval of a final regulation and the CPPA’s authority to enforce that regulation.
Read more at Inside Privacy.