Calif. Appeals Court: State Agency May Enforce Privacy Right Act Rules

A California appeals court reversed a lower court’s decision to delay a state agency’s enforcement of California Privacy Rights Act (CPRA) regulations Friday.

California’s 3rd District Court of Appeal vacated the June decision of the California Superior Court in Sacramento, which had granted a California Chamber of Commerce (CalChamber) petition and stayed any California Privacy Protection Agency (CPPA) rules for 12 months after they become final. The lower court must “enter a new order denying such relief and otherwise considering any non-moot issue concerning the propriety of compelling more prompt development of regulations,” ruled the appeals court in case C099130. “Assuming no such issue remains, the superior court shall otherwise enter judgment in favor of the Agency and against the Chamber.”

The privacy agency could have started enforcing CPRA rules July 1, but the lower court’s decision meant rules adopted March 29, wouldn’t take effect for one year. “Because there is no ‘explicit and forceful language’ mandating that the Agency is prohibited from enforcing the Act until (at least) one year after the Agency approves final regulations, the trial court erred in concluding otherwise,” wrote 3rd District Justice Elena Duarte.

“We are pleased with the decision,” said CPPA Executive Director Ashkan Soltani. “This ruling ensures all aspects of the regulations adopted by the California Privacy Protection Agency last year are again enforceable, just as the voters intended when they enacted Proposition 24.” CPPA Enforcement Deputy Director Michael Macko added, “The California voters didn’t intend for businesses to pick and choose which privacy rights to honor.” Agency enforcers stand “ready to take it from here,” he said. CalChamber didn't comment by our deadline.