Even as the California Attorney General was asking Congress to use the state's consumer privacy law as a template for federal privacy legislation, advertisers were trying to get the state to clarify/adjust that template so they can continue to place the targeted ads that support free online content.
The California Consumer Privacy Act (CCPA) went into effect Jan. 1, but the state is seeking input on just how to enforce it. Rules to do that have to be in place by midyear.
Related: Ad Groups Seek Delay of California Privacy Law
In comments filed with the attorney general's office, according to a draft supplied to Multichannel News, the Association of National Advertisers said it was all about working to make the bill better, but a bill it clearly still has issues with the CCPA, which it calls a "novel, operationally complex, and, in many ways, confusing law" with "significant and detrimental impacts on consumers and businesses" if those shadows remain unaltered by future tweaks.
But ANA says working to make the bill "better" is imperative, because the law as it stands could damage the California economy.
"We and our members strongly support the responsible use of data and the underlying goal of enhancing consumer privacy that is inherent in the CCPA and its implementing regulations," ANA told the AG's office. "We are encouraged that the updated rules provide a degree of enhanced clarity surrounding some ambiguous provisions in the law. Nevertheless, the regulations remain significantly unclear in several areas of vital importance to both consumers and businesses."
That "several" comprised at least 15 clarifications/asks, which it leant the gravitas of imposing roman numerals:
I. "Provide Businesses a Reasonable Period of Time to Implement the New Regulations
II. "Clarify Requirements Surrounding Loyalty Programs So Businesses May Continue to Offer Such Programs to Californians"
III. "Clarify that Businesses May Choose to Honor User-Enabled Global Privacy Controls or Provide Consumers Another, Equally Effective Method for Opting Out of Personal Information Sale
IV. "Update the Household Definition to Better Reflect Appropriate Business Practices
V. "Add a Provision Clarifying that Information Businesses Collect, Use, and Share for Fraud Prevention Purposes is Not Subject to Certain CCPA Rights
VI. "Enable Flexibility for Providing the CCPA-Required Notice at Collection toConsumers Through the Telephone and in Person
VII. "Remove New Duplicative and Unclear Transparency Requirements
VIII."Remove the Limitation on Service Providers’ Internal Use of Personal
IX. "Clarify the Requirement to Obtain Parental Consent for Minors “in addition to” Verifiable Parental Consent Under the Children’s Online Privacy Protection Act (“COPPA”)
X. "Remove the Requirement to “Permanently and Completely” Erase Personal Information
XI. "Remove the Requirement to Provide a General Toll-Free Contact Number to Receive Consumer CCPA Requests
XII. "Clarify How Businesses Must Respond to CCPA Requests When They Maintain Personal Information In A Manner that Is Not Associated With An Identifiable Person
XIII."Clarify and Alter the Disclosures Required of Businesses that Buy, Receive, Sell, or Share Personal Information of 10 Million or More Consumers
XIV. "Affirm that Required Notices May Be Provided in a Privacy Policy
XV. "Grant Online Businesses that Do Not Maintain Personally Identifying Information Flexibility to Provide Effective Opt Out Mechanisms"
