California Appellate Court Vacates Trial Court Decision on Enforcement of CPPA Regulations

The California Privacy Protection Agency (CPPA) received a significant victory on February 9, as the Third Appellate District of California overturned a trial court’s decision that delayed the enforcement of CPPA regulations. The trial court had ruled that enforcement could not begin until one year after the finalized date of the regulations, effectively pushing back the enforcement date to March 29, 2024.

However, the Appellate court disagreed with this interpretation, stating that there was no explicit language in the California Consumer Privacy Act (CCPA) mandating a one-year delay between the CPPA’s approval of final regulations and its authority to enforce them. The court emphasized that the CPPA has other tools at its disposal to protect consumer privacy interests, such as considering the time between the effective date of regulations and any alleged violations when pursuing investigations.

Following the Appellate court’s decision, the CPPA released a statement urging the regulated community to review their privacy practices and ensure full compliance with all regulations. The Deputy Director of Enforcement for the CPPA emphasized the importance of adhering to privacy regulations and hinted at potential enforcement actions in the near future.

This ruling serves as a reminder to businesses and organizations subject to California’s privacy laws to stay vigilant and proactive in their compliance efforts. With the CPPA now empowered to enforce its regulations without delay, companies must prioritize data protection measures to avoid potential penalties and legal consequences.