Annette Bernhardt, representing a coalition of 70 labor and civil society groups, comments on the proposed California Privacy Protection Agency (CPPA) regulations, expressing deep disappointment in their substantial weakening compared to earlier drafts. The coalition, representing hundreds of thousands of workers and consumers, claims that despite significant input over two years, none of their recommendations were adopted, and key principles articulated in previous letters remain absent. The proposed regulations are perceived as increasingly concessions to business and tech sector concerns, failing to meet the protections envisioned under the CCPA and the law's intent. Specifically, the coalition identifies four key issues: 1) definitional changes leave many workers and consumers unprotected; 2) the revised notice and data access regime is ineffective for workers; 3) the revised Automated Decision-Making Technology (ADMT) opt-out provisions are more inaccessible to workers; and 4) Risk Assessment requirements are weak tools for addressing ADMT harms. The coalition argues that the regulations fail to uphold the spirit and substance of the rulemaking mandate, representing a missed opportunity, particularly for workers, as data-driven technologies will profoundly shape the future of work in California. They urge the CPPA to reconsider the proposed regulations and revert to the intent of California's privacy law and voters, advocating for broader protections, transparency, and agency over data-driven technologies.
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In sum, the revised regulations fail to meet the spirit and substance of the rulemakingcharge that was given to the CPPA by voters, particularly in the area of automateddecisionmaking technology.This is a profound lost opportunity, especially for workers. The emergence of data-driventechnologies represents one of the most important issues that will shape the future of workin California for decades to come, affecting workers’ privacy, wages and working conditions,race and gender equity, right to organize, and autonomy and dignity.California’s workers and consumers deserve the broad protections, transparency anddisclosure, and agency over data-driven technologies that these regulations could havedelivered.We strongly urge Executive Director Kemp, Agency staff, and board members to reconsiderthe current trajectory of the proposed regulations and revert back to the intent of California’sprivacy law and the state’s voters.Thank you for the opportunity to comment.
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