FPF Files Comments on CPRA Initial Rulemaking

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Yesterday, the Future of Privacy Forum filed comments with the California Privacy Protection Agency on the initial rulemaking under the California Privacy Rights Act (CPRA). The CPRA, which comes into effect in 2023, provides protections for sensitive personal information, expands the California Consumer Privacy Act’s opt-out rights, and requires businesses to provide mechanisms for individuals to access, correct, and delete data.

FPF offered resources and recommendations regarding automated decisionmaking, sensitive personal information, global opt-out signals, and de-identification. Among our comments, we suggest that regulations under the CPRA should:

Establish guidelines for automated decisionmaking (ADM) that produces “legal or similarly significant effects.”Provide that information about “automated decisionmaking” follow NIST interpretability guidelines, and be meaningful and reasonably understandable to the average consumer.Clarify a range of potential use cases for health and wellness data, by providing a principled, exemplar list of categories that are in or out of scope. In many cases, such distinctions will be based on context and reasonable use.Ensure opportunities for socially beneficial commercial

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