Written by Haim Ravia and Dotan Hammer
A California Court of Appeals has vacated the lower court’s injunction from last year which suspended the enforcement of the CPRA regulations until March 29, 2024. The Court of Appeals accepted the California Privacy Protection Agency’s arguments that no legal basis exists to suspend the enforcement of the regulations.
Last year’s injunction was issued by the lower court, which agreed with the California Chamber of Commerce’s arguments that the California Privacy Protection Agency’s delay in the finalization of the CPRA regulations must lead to a delay in the enforcement of the regulations. The court then agreed that because the law has codified a grace period of one year between the due date of the regulations and the commencement of enforcement, the one-year grace period should equally apply if the regulations are finalized at a later date.
The Court of Appeals explained that although the statute’s provisions indicate an intent for a one-year grace period, the statute contains no clear language that a delay in the regulations should bring about a delay in the enforcement date. Therefore, the regulations are enforceable immediately, and the lower court’s injunction is quashed.
Click here to read the court’s decision in the California Privacy Protection Agency’s petition against the California Chamber of Commerce.
