Two important efforts to amend the California Consumer Privacy Act (CCPA) have emerged — and one of them may affect the sale of premium content. Google, Amazon, Facebook, Microsoft, Uber and Lyft are pushing at least eight amendments in the California Legislature in hopes of getting changes before the law takes effect Jan. 1, according to a report this week by Yahoo Finance.
The most significant amendment is sought as Assembly Bill 846 — approved by the Assembly on Tuesday, May 28, it now awaits a committee assignment in the Senate. It would allow companies to use personal data voluntarily given by consumers who want to be part of a loyalty or reward or “premium” program.
And the language of that same amendment also appears to address key ambiguity in the law as passed last year. It would explicitly state that the price of services can vary if a consumer voluntarily participates in “premium features” service. It also deletes a phrase which states a business “shall not discriminate against a consumer because the consumer exercised any of the consumer’s rights under this title.” The new wording is still convoluted, overall.
A second critical amendment, introduced as AB 874, would delete the “use” restriction CCPA presently will impose on data acquired from public government sources, essentially saying any public information can be used for any purpose. The bill cleared the Assembly on May 9 and is now in the California Senate Judiciary Committee. Five states — Hawaii, Maryland, Massachusetts, Mississippi and New Mexico — have pending CCPA-like bills, and three other states, New York, North Dakota and Washington — are considering bills generally on the subject of consumer privacy.