In wake of COVID-19, California AG asked to delay enforcement of CCPA

On March 17, 2020, more than 30 trade groups and companies co-signed a letter to California Attorney General Xavier Becerra asking him to postpone the enforcement date for the California Consumer Privacy Act (CCPA) from July 1, 2020, to January 2, 2021. More groups then joined the request in a revised letter sent on March 20, bringing the total to 60.

The letter cites two main reasons for the request. First, according to the signers, the unprecedented crisis relating to COVID-19 has significantly hindered companies’ CCPA-compliance efforts, including because employees necessary to implement the changes are not in the office and working from home.

Second, the CCPA’s implementing regulations are still a work in progress, and the signers note in the letter that with each iteration businesses’ obligations “materially and substantially change.”

An adviser to the Attorney General’s office suggested in an e-mail response that the Attorney General intends to keep the current enforcement date in place for now. As the pandemic continues, however, it is possible the Attorney General’s position will change.

Luke Sosnicki is a Los Angeles partner in Thompson Coburn’s Business Litigation group who has written and spoken extensively about the California Consumer Privacy Act (CCPA). Jim Shreve is the chair of Thompson Coburn's Cybersecurity group and has advised clients on cybersecurity and privacy issues for over 20 years. Libby Casale is an associate in Thompson Coburn’s Business Litigation group.

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