ELFA has brought together legal minds within the association to address industry concerns regarding consumer information privacy protections and restrictions enacted in California and being introduced in a number of additional states. The CCPA AG Workgroup is collaborating to determine the appropriate strategy and proactive steps ELFA will undertake to protect our members’ interests and prevent this legislation from expanding to or impacting commercial equipment lease transactions. For background and the latest information on this and copycat legislation being introduced across the country, see below:
The California Consumer Information Privacy Act of 2018 (CCPA), enacted into law in 2018, will take effect on Jan. 1, 2020. This act restricts how, what and to whom private consumer information can be collected, disclosed and sold by businesses. At present, ELFA and our CCPA AG Workgroup are engaging the contentious rulemaking process in California. ELFA is also monitoring closely copycat introductions in 10 additional states (CT, HI, IL, MA, MS, NY, ND, RI, TX and WA).
As background, in late 2018 the California Legislature hastily crafted and introduced the Consumer Information Privacy Act, a bill that flew through both houses and six days later was signed by the Governor. This swift action was intended to forestall approval by the Secretary of State of petitions signed by voters seeking to place a more restrictive initiative on the same issue on the November ballot. Ballot initiative sponsors subsequently kept their promise to withdraw the ballot question if the Legislature acted first. Another motive for the haste and taking this route is a legislative enactment can later be revised by the Legislature, whereas only another ballot initiative can amend a ballot enactment by California voters.
The CCPA focuses on consumers defined as natural persons who are residents of California, as defined by Section 17014 of Title 18 of the California Code of Regulations, who are granted the right to know specifics of their personal information collected by a business including where it was obtained as well as how and to whom it is sold or disclosed. An adult consumer may halt sale of his or her data, or “opt out,” in addition to withholding permission in most cases for collection of his or her data altogether. If younger than 16 years of age, he or she must opt in with specific permission. Reprisals of less service or higher prices by a business are forbidden.
Major business organizations representing companies dealing with consumers have taken the lead position in advocacy on this statute. Other organizations in the business to business sector including ELFA are apprehensive about proponents of this act suggesting it is not confined to natural persons as it might in some circumstances involve companies having transactions only with other businesses. Additional information and background can be obtained from the Attorney General Press Release at https://oag.ca.gov/news/press-releases/attorney-general-becerra-hold-public-forums-california-consumer-privacy-act-part. Full discussion of these issues was scheduled during the ELFA Legal Forum, which took place April 28–30 in San Diego.
The California Consumer Information Privacy Act of 2018 (CCPA), enacted into law in 2018, will take effect on Jan. 1, 2020. This act restricts how, what and to whom private consumer information can be collected, disclosed and sold by businesses. At present, ELFA and our CCPA AG Workgroup are engaging the contentious rulemaking process in California. ELFA is also monitoring closely copycat introductions in 10 additional states (CT, HI, IL, MA, MS, NY, ND, RI, TX and WA).
As background, in late 2018 the California Legislature hastily crafted and introduced the Consumer Information Privacy Act, a bill that flew through both houses and six days later was signed by the Governor. This swift action was intended to forestall approval by the Secretary of State of petitions signed by voters seeking to place a more restrictive initiative on the same issue on the November ballot. Ballot initiative sponsors subsequently kept their promise to withdraw the ballot question if the Legislature acted first. Another motive for the haste and taking this route is a legislative enactment can later be revised by the Legislature, whereas only another ballot initiative can amend a ballot enactment by California voters.
The CCPA focuses on consumers defined as natural persons who are residents of California, as defined by Section 17014 of Title 18 of the California Code of Regulations, who are granted the right to know specifics of their personal information collected by a business including where it was obtained as well as how and to whom it is sold or disclosed. An adult consumer may halt sale of his or her data, or “opt out,” in addition to withholding permission in most cases for collection of his or her data altogether. If younger than 16 years of age, he or she must opt in with specific permission. Reprisals of less service or higher prices by a business are forbidden.
Major business organizations representing companies dealing with consumers have taken the lead position in advocacy on this statute. Other organizations in the business to business sector including ELFA are apprehensive about proponents of this act suggesting it is not confined to natural persons as it might in some circumstances involve companies having transactions only with other businesses. Additional information and background can be obtained from the Attorney General Press Release at https://oag.ca.gov/news/press-releases/attorney-general-becerra-hold-public-forums-california-consumer-privacy-act-part. Full discussion of these issues was scheduled during the ELFA Legal Forum, which took place April 28–30 in San Diego.
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2019