Section 999.306(b)(3) would clarify that a business that operates offline and sells consumers’ personal information must provide a notice of opt-out. This is a sensible proposal since the current rule applies the requirement to businesses that “collect” rather than “sell” personal information.
Section 999.306(f) would reinstitute guidance on the use of a uniform opt-out button consumers may use to opt-out of the sale of their personal information. Similar guidance was contained in the first set of proposed modifications but was omitted in second and third sets and in the final rule.
The deadline for written comments on the proposed modifications is Dec. 28, 2020.
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Eric Rosenkoetter is a principal at Maurice Wutscher LLP, and is focused on advising clients with respect to federal and state consumer financial protection laws and data privacy and security, and he is a Certified Information Privacy Professional though the International Association of Privacy Professionals. He also brings to the table experience as a litigator, chief compliance and ethics officer, director of legislative affairs, federal lobbyist, and administrative hearings officer. Eric earned his Juris Doctor from Washington University School of Law, and his Bachelor of Business Administration from Southern Methodist University. He is a member of the International Association of Privacy Professionals, the Receivables Management Association International (RMAI), and ACA International. He is admitted to practice law in Texas and Missouri and in the U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas. For more information, see https://mauricewutscher.com/attorneys/eric-rosenkoetter/
On Dec. 10, the California Office of the Attorney General issued its Fourth Set of Proposed Modifications to the California Consumer Privacy Act regulations. The changes affect only two subsections relating to the sale of personal information.