PH Privacy

January 1, 2022, Extension of CCPA’s HR and B2B Carve-Outs Signed into Law

October 08, 2020

Behnam Dayanim and Bianca Ponziani

On September 29, 2020, California Governor Gavin Newsom signed into law AB-1281, extending to January 1, 2022, the California Consumer Privacy Act of 2018 (“CCPA”) business-to-business (B2B) and employment-related communications carve-outs. Still, the bill will survive only if voters do not approve the California Privacy Rights and Enforcement Act of 2020 (“CPRA”), on the ballot in November’s statewide general election. If approved, the CPRA would both generally expand the CCPA’s obligations and further extend the two carve-outs contemplated by AB-1281 to January 1, 2023. For more information on AB-1281, please see our blog post here.

Relatedly, on September 25, 2020, Governor Newsom signed into law AB-713, newly carving out from the CCPA medical research regulated by the federal Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and, among other things, harmonizing the CCPA’s definition of de-identified patient data in accordance with HIPAA. The changes take effect immediately.