California Attorney General Xavier Becerra lashed out at lawmakers in August for imposing “unworkable obligations and serious operational challenges” on his office by effectively making him the chief enforcer of the state’s sweeping new data privacy law.
He complained that his office is not equipped to handle all the related duties, including quickly drafting regulations and advising businesses about compliance with the California Consumer Privacy Act.
Becerra also questioned the legality of the civil penalties included in the new law, which he said improperly modified the state’s Unfair Competition Law, which was enacted by voter referendum “and cannot be amended through legislation.”
Lawmakers have tried to address some of the attorney general’s concerns, by proposing removal of one of the reporting requirements, and appropriating more money for the AG’s office. But they have not included a broader private right of action – sought by Becerra – that would shift the litigation burden to consumers.