Opinion
To the California privacy agency, remember your mission

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OPINION – The California Privacy Protection Agency was created with Californians’ security top of mind. Its central mission: protect consumers’ personal data privacy, clear and direct. But the agency is at a pivotal moment that could dampen its legacy.
As someone who worked tirelessly to help craft and strengthen the California Consumer Privacy Act, I have long stood on the front lines of data privacy and argued for ensuring Californians are protected from invasive data practices. This was the impetus for the CPPA and why it was burdened with such a bold charge at its inception.
Its mission is critical to the safety and wellbeing of Californians, but there are concerns that the agency has lost sight of this essential role. AI regulation has become an unwelcome distraction, straying the CPPA from its intended purpose and placing it in the midst of an issue never expected to be such a broad piece of its purview.
While AI regulation is no doubt a critical issue area, it is one piece of a complex policy puzzle that Governor Newsom and our state legislators are already working diligently to solve. In the meantime, Californians deserve to know that our data security is a priority for the agency committed to protecting it.
The privacy agency was established by the voter-approved Proposition 24 in 2020 as a regulatory body. It was not meant to operate as an unrestricted policymaker on issues so squarely in the court of the governor’s office and the state legislature. The CPPA was not given authority to dictate how emerging technologies like AI should be regulated.
Despite warnings directly from the governor, the CPPA appears ready to advance a sweeping rulemaking effort beyond its fundamental role. In an April letter to the CPPA, the Governor made clear that these proposed rules overstep the agency’s legal bounds and risk significant unintended consequences, especially for California’s nation-leading innovation economy.
California is home to more than half of the world’s leading AI companies. We’re the epicenter of innovation – and we have a responsibility to lead with thoughtful, collaborative and, I’d argue, mission-driven policy. We never intended for one agency to unilaterally impose rules that could hinder progress, drive investment elsewhere, and burden businesses large and small with extreme costs and unnecessary hurdles.
Many AI tools are already integral to our daily lives, from fraud detection and medical diagnostics to personalized learning and smart transportation. These technologies can improve public services, create jobs and enhance efficiency across sectors. But ill-informed regulations created in a vacuum risk stifling this promise and adding billions of dollars in costs for businesses and consumers.
At its May board meeting, the CPPA signaled it may be listening to fears about the unintended consequences of its regulatory overreach. Yet it remains at a crucial crossroads. It must decide whether to realign with its mission to protect personal data privacy or charge ahead with rogue regulations that could undermine a vital part of California’s economy.
Rest assured, AI will not go unregulated. The Legislature and Governor’s Office have already begun shaping the most comprehensive regulatory framework in the country. Through open debate and democratic process, they are building guardrails to protect consumers while supporting responsible innovation.
I deeply appreciate and am encouraged by the agency’s openness to collaboration and dialogue on these critical issues, especially since its new executive director took the helm.
Now it’s time for the CPPA to refocus on its crucial charge to protect Californians’ personal data. Our state will be so much stronger for it.
Robert M. Hertzberg is the former Speaker of the California Assembly and former Majority Leader of the California State Senate.
Capitol Weekly welcomes Opinions on California public policy or politics. Click here for more information about submitting an Op-Ed
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