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California Might Change How CCPA Handles Publicly Available Sensitive Data

Even publicly available sensitive information would remain sensitive information subject to heightened protections under a proposed amendment to the California Consumer Privacy Act (CCPA) that surfaced Friday.

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Using a California procedural tactic known as “gut and amend,” state legislators replaced the text of SB-435, a bill about emergency backup power for senior residential care facilities, with a substantive change to the CCPA. Last week, California lawmakers revived a location bill that was thought to be dead by the same process (see 2506240071).

SB-435, sponsored by Sen. Aisha Wahab (D), would now amend the CCPA to delete this line: “Sensitive personal information that is ‘publicly available’ … shall not be considered sensitive personal information or personal information.”

The Senate passed SB-435 with the backup power language on June 4. Now in the Assembly, the bill was referred to the Privacy Committee on Friday. If the Assembly were to pass the bill with the proposed CCPA change, the Senate would still have to vote on it again.