California Privacy Protection Agency

The California Privacy Protection Agency (CPPA) is a new state agency tasked with enforcing consumer privacy laws, including the California Privacy Rights Act (CPRA). The CPRA explicitly protects individuals’ data privacy rights by both strengthening existing laws like the California Consumer Privacy Act (CCPA) and creating new consumer rights. For example, the CPRA gives consumers the right to correct personal information that is inaccurate, or even to request deletion of the data. The CPRA also requires companies to safeguard customers’ personal information against data breaches. These statutory requirements are strictly regulated and enforced by the CPPA: when a company violates the statute, the CPPA may impose substantial fines.

To learn more about the California Privacy Protection Agency, continue reading.

What Is the California Privacy Protection Agency?

The California Privacy Rights Act (CPRA) amended the California Consumer Privacy Act (CCPA), which provides explicit protections for California residents who share personal information with businesses. Prior to the CPRA becoming law, the California attorney general had rulemaking and enforcement authority with respect to consumer privacy regulations. After the CPRA passed, the California Privacy Protection Agency became the main state agency with authority to enforce these laws.

The California Privacy Protection Agency has a board comprised of five (5) members. The California Governor appoints two board members, including the Chair. Each of the three remaining board seats are appointed by the Attorney General, the Senate Rules Committee, and the Speaker of the Assembly. Each board member will serve in their position for up to eight (8) years before being replaced.

The California Privacy Protection Agency Enforces the CPRA

The main task of the California Privacy Protection Agency is to enforce the state’s consumer privacy laws. If the agency determines that a company has violated the CPRA or another consumer privacy law, they can enforce the statute and impose monetary penalties. Businesses that do not comply with the strict regulations of the CPRA will be subject to severe penalties: a $2,000 fine for each violation, a $2,500 fine when the violation is negligent, and a $7,500 fine when the violation is willful.

The CPRA also allows the state to impose enhanced penalties when digital privacy violations involve minors. If a company unlawfully sells or shares the personal information of a child under the age of 16, they may be fined another $7,500 for each violation. Importantly, the statute imposes strict liability in these instances. This means that the penalties may be imposed regardless of whether the offending company had actual knowledge of the child’s age. The CPRA penalties for consumer privacy violations involving a minor may be imposed on top of any penalties that may apply for violations of the Children’s Only Privacy Protection Act (COPPA).

Consumers May File Civil Suits for Data Privacy Breaches

Data security is a major focus of California’s consumer privacy laws. In cases involving a data breach that exposed a customer’s personal information, the CCPA and the CPRA give victims a private right of action. This means that you may be able to bring a civil lawsuit against the offending company and seek statutory damages. The CPRA states that consumers are eligible to pursue up to $750 for each privacy violation, or they may pursue actual damages – whichever amount is greater.

Call the Los Angeles Consumer Protection Lawyers at Tauler Smith LLP

The California Privacy Protection Agency is tasked with enforcing the CPRA, which means that companies that violate the statute can be fined. But victims of an invasion of privacy – such as a data breach that exposed their personal information – can also take legal action by bringing a CPRA claim in state court. The experienced Los Angeles consumer privacy lawyers at Tauler Smith LLP are ready to represent you in a civil suit because we routinely assist plaintiffs in consumer protection lawsuits throughout California.

Call 310-590-3927 or email us to schedule a free initial consultation.