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70-612: Amendments to the CCPA, in the form of Senate Bill 1121, were passed on September 13, 2018. Additional substantive amendments were signed into law on October 11, 2019. The CCPA became effective on January 1, 2020. In November 2020, California voters passed Proposition 24 , also known as the California Privacy Rights Act , which amends and expands the CCPA. The intentions of the Act are to provide California residents with

140-526: A citizens' legislative initiative for tougher blasphemy laws in Poland with close to 400,000 (Higher than the 100,000 needed) signatures to parliament. According to Article 74 of the Romanian Constitution, groups of at least 100,000 Romanian Citizens with suffrage that reside in at least one quarter of all the counties and with a minimum 5,000 signatures per county have the right to send

210-723: A private right of action , whereas the latter is enforced by the Attorney General 's office. CCPA defines personal information as information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked (directly or indirectly) with a particular consumer or household such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver's license number, license plate number, passport number, or other similar identifiers. An additional caveat identifies, relates to, describes, or

280-495: A Citizens' Initiative which must be considered by the legislative body (Initiatives that address fiscal or international matters are not covered by this right). If the initiative concerns changing the Constitution, Article 150 of the Constitution states that the group must include at least 500,000 Romanian Citizens with suffrage who reside in at least half of all the counties, with a minimum of 20,000 per county. Article 151 of

350-599: A Constitution for Europe (TCE) included a limited indirect initiative right (Article I-46(4)). The proposal of introducing the European Citizens' Initiative (ECI) was that 1,000,000 citizens, from minimal numbers of different member states, could invite the executive body of the European Union (EU), the European Commission , to consider any proposal "on matters where citizens consider that

420-415: A ballot proposition once it is passed by voters. In response to the CCPA ballot proposition, state legislators negotiated with Californians for Consumer Privacy to pass a less restrictive version of the CCPA in exchange for the withdrawal of the ballot proposition. The CCPA was passed by the state legislature and signed by Gov. Brown on June 28, 2018; it became effective on January 1, 2020. The act's effect

490-542: A business to sell or share a consumer's information through easily accessible tools is an integral part of the CPRA's modification of the CCPA. The CPRA mandates that a business' homepage must clearly display a link titled "Do Not Sell My Personal Information." A business may not require a consumer to make an account or go through multiple steps to opt out. This right essentially permits Californian consumers to require businesses to stop selling their information, thereby preventing

560-473: A committee. Any petition which reaches 10,000 signatures triggers a response from the government and those which reach 100,000 signatures will almost always require the government to consider holding a debate (with some exceptions, such as whether a similar issue has been debated recently, or a debate for that issue is scheduled) on the matter in the House of Commons. Only British Citizens or individuals resident in

630-634: A human right" (against Water privatization ), "30 km/h - making the streets liveable!" ( Traffic calming in towns), " Unconditional Basic Income " (UBI - Exploring a pathway towards emancipatory welfare conditions), or to "End Ecocide in Europe" (to give the Earth Rights). It remains to be seen if the ECI evolves into a full initiative or remains in its present state of a de facto petition. Since 1 March 2012, Finnish citizens with suffrage have had

700-503: A legal act of the Union is required for the purpose of implementing the Constitution." The precise mechanism had not been agreed upon. Critics underlined the weakness of this right of initiative, which did not ultimately entail any vote or referendum. A similar scheme under the same name, European Citizens' Initiative (ECI), has been put forward in the now ratified European Lisbon Treaty (which entered into force on 1 December 2009), enabling

770-664: A limited indirect initiative right. It follows very similar rules to the ones outlined in the European Constitution, requiring the signatures of 1,000 000 European Nationals. These citizens would thereby obtain the same right to request the Commission to submit a legislative proposal as the Council has had since the establishment of the European Communities in 1957. This, however, does require that

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840-858: A majority of voters after appearing on the ballot for the general election on November 3, 2020. This proposition expands California's consumer privacy law and builds upon the California Consumer Privacy Act (CCPA) of 2018, which established a foundation for consumer privacy regulations. The proposition enshrines more provisions in California state law , allowing consumers to prevent businesses from sharing their personal data , correct inaccurate personal data, and limit businesses' usage of "sensitive personal information", which includes precise geolocation, race, ethnicity, religion, genetic data, private communications, sexual orientation, and specified health information. The Act creates

910-534: A parent or guardian before collecting data from consumers younger than 13. The CPRA also altered the CCPA to apply to businesses buying, selling, or sharing personal information of 100,000 or more consumers compared to the previous 50,000 or more. In addition to the consumer protections, the proposition creates the California Privacy Protection Agency. The agency initially shared consumer privacy oversight and enforcement duties with

980-405: A popular vote (referendum) rests with the local assembly. A citizens' initiative referendum was proposed by the yellow vests movement . Citizens are able to submit a law project to the parliament through the "Référendum d'Initiative Partagée"; they can ask for a referendum if they meet the 185 deputies requirement and the signatures of at least 10% of the voting population. All German states have

1050-645: A website maintained by the Finnish Ministry of Justice, where they may be electronically signed; signatures are also collected on paper. If an initiative is able to attract the signatures of a total of 50,000 citizens within six months, it is forwarded to the Finnish Parliament for consideration; otherwise, it will lapse. The Parliament treats citizens' initiatives according to normal parliamentary procedure, that is, they are debated and considered in committees and they may also be amended or altered;

1120-555: Is also known by its campaign slogan, #Tahdon2013 (#IDo2013). This initiative was accepted by the Parliament during the 2011-2015 parliamentary session, though political debate, decision-making and drafting of the new law continued on to the next parliamentary session. The new law took effect on 1 March 2017 . To date, a total of 24 citizens' initiatives have reached the 50,000 mark, with 20 of them having been either rejected or accepted in Parliament - so far, only two have been accepted:

1190-523: Is also used at the cantonal and communal level in Switzerland (all cantons , all communes where the direct democratic citizens' participation originates); many cantons allow initiatives to enact regular non-constitutional law, but the federal system does not. If the necessary number of supporters is reached, the initiative will be put to a plebiscite about two or three years later; the delay helps prevent short-term political moods from getting into

1260-600: Is capable of being associated with, a particular individual, including, but not limited to, their name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. It does not consider Publicly Available Information as personal. Key differences between CCPA and

1330-480: Is enshrined in the 1987 Philippine Constitution under Article XVII Section 2, which states: Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a petition of at least twelve per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters therein. No amendment under this section shall be authorized within five years following

1400-508: The California Privacy Protection Agency as a dedicated agency to implement and enforce state privacy laws, investigate violations, and assess penalties of violators. The Act also removes the set time period in which businesses can correct violations without penalty, prohibits businesses from holding onto personal data for longer than necessary, triples the maximum fines for violations involving children under

1470-547: The Constitutional Convention considered Dáil electoral reform, members voted 83:16 in favour of allowing "citizens' initiatives" in general, 80:19 to allow them specifically for legislation, and 78:17 to allow them for constitutional amendments . In April 2015, the Fine Gael–Labour government rejected the recommendations on the basis that there is sufficient public involvement in legislation through

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1540-668: The District of Columbia , and is also in common use at the local government level. Article I, Section I of the United States Constitution vests "all legislative powers herein granted" to the Congress of the United States . Establishing a national initiative procedure would likely require an amendment to the Constitution , which would under Article V require two-thirds of both houses of Congress or

1610-483: The Gramm-Leach-Bliley Act depending on the situation. 2020 California Proposition 24 For Against Mayoral elections: Mayoral elections: Mayoral elections: Mayoral elections: Mayoral elections: Mayoral elections: The California Privacy Rights Act of 2020 ( CPRA ), also known as Proposition 24 , is a California ballot proposition that was approved by

1680-558: The House of Representatives by Louis Ludlow of Indiana between 1935 and 1940, proposed an amendment to the Constitution that would require a national referendum to declare war except in the case of invasion or attack. The amendment came closest to overcoming a discharge petition on January 10, 1938, when it was defeated in the House by a vote of 209 to 188, short of the two-thirds vote required for its passage. Unsuccessful attempts to get initiatives have nevertheless occurred, but since

1750-604: The Oath of Allegiance . By May 1928 Fianna Fáil claimed 96,000 signatures and attempted to have the petition laid before the Dáil (lower house). The motion was deferred, ostensibly to allow the Dáil procedure committee to define the method of dealing with such petitions. Before the committee could meet, the Cumann na nGaedheal government rushed through an amendment deleting Article 48 of

1820-463: The executive or legislature to consider the subject by submitting it to the order of the day. In contrast, a popular referendum that allows voters only to repeal existing legislation. The hurdles the petition has to meet vary between countries, typically a certain number of signatures by registered voters , to prevent a flood of frivolous measures on the ballot. It's been argued that a signature hurdle does not always determine popular support since

1890-507: The 2018 ballot was led by Alastair Mactaggart. He later came to an agreement with Californian lawmakers to pass a scaled back version of the CCPA which was ultimately signed into law by Governor Brown. Although passed in 2018, the CCPA would not come into effect until January 1, 2020. In 2020 Proposition 24, or the CPRA, appeared on the California ballot. The CPRA was designed to amend the CCPA to expand consumer data privacy. Most notably,

1960-412: The 24 June 1999 law, citizens wishing to launch an initiative must create a committee of at least 15 members, which becomes a legal person . The committee must prepare the draft bill and collect at least 100,000 signatures (Article 2). Under Article 12 of the law, if there is "justified doubt regarding the authenticity of the required number of signatures of citizens, then within 14 days of the lodging of

2030-606: The Act. As technology has become more integrated into daily life lawmakers around the world have pushed for greater regulation of data privacy. Beginning in 1950, the European Convention on Human Rights asserted that data privacy should be subject to legal protections. Several episodes of unknown use and sale of consumer data, such as the Cambridge Analytica scandal, have led to US lawmakers pursuing better data privacy protections particularly those at

2100-584: The CCPA guidelines in mind, it is expected for PHI to adhere to the Health Insurance Portability and Accountability Act , otherwise known as HIPAA. If the business collecting the data is related to clinical trials, then it must adhere to the "Common Rule". As for the information that is gathered by financial institutions, the institutions follow the California Financial Information Privacy act or

2170-415: The CCPA. The Act, also known as 2020 California Proposition 24, expands existing data privacy laws by allowing consumers greater control of their personal data and establishing the California Privacy Protection Agency . It passed, with a majority of voters approving the measure. A big area of the CCPA exemption is the personal health information (PHI) that is gathered. Rather than the data being treated with

California Consumer Privacy Act - Misplaced Pages Continue

2240-546: The CPRA altered the criteria that subjects a business to its rules and established the California Privacy Protection Agency to take the lead on enforcement of the CCPA. The CPRA was passed with 56.2% of California voters in favor of the proposition and went into effect on January 1, 2023. The initiative represents an expansion of provisions first laid out by the California Consumer Privacy Act . Key changes include requiring businesses to obtain permission from consumers younger than 16 before collecting their data and permission from

2310-506: The California Department of Justice. Another effect of the initiative is requiring businesses to obtain permission from consumers younger than 16 before collecting their data and permission from a parent or guardian before collecting data from consumers younger than 13. The overall intention of the act is to resolve information asymmetry between consumers and businesses concerning the use of personal information. To that end

2380-517: The Constitution also states that any amendments brought to it, must be also approved by means of a National Referendum. The federal popular initiative was included in the Swiss Federal Constitution in 1891, permitting a certain number of citizens (currently 100,000 signatures within 18 months ) to make a request to amend a constitutional article, or even to introduce a new article into the constitution. The right of initiative

2450-514: The Constitution. Citizens' legislative initiatives are a constitutional right in Poland, defined in Article 118, paragraph 2, of the 1997 Polish Constitution . The paragraph gives legislative initiative to any group of at least 100,000 citizens with voting rights to the Sejm , the lower house of Polish parliament. The detailed procedure is defined in a law dated 24 June 1999. Under Article 5 of

2520-557: The Elections BC website. In the United States , a popular vote on a measure is referred to as a referendum only when aiming at allowing or repealing an act passed by a state legislature. An initiative may be called a " ballot measure ", "initiative measure", or "proposition". The United States has no initiative process at the national level, but the initiative is in use at the level of state government in 24 states and

2590-536: The European Union's General Data Protection Regulation (GDPR) include the scope and territorial reach of each, definitions related to protected information, levels of specificity, and an opt-out right for sales of personal information. CCPA differs in definition of personal information from GDPR as in some cases the CCPA only considers data that was provided by a consumer. The GDPR does not make that distinction and covers all personal data regardless of source. In

2660-613: The Jagt Resolutions never got out of committee. Senator Mike Gravel was part of that effort. The modern system of initiatives and referendums in the United States originated in the state of South Dakota , which adopted initiatives and referendums in 1898 by a popular vote of 23,816 to 16,483. Oregon was the second state to adopt and did so in 1902, when the Oregon Legislative Assembly adopted it by an overwhelming majority. The "Oregon System", as it

2730-484: The Parliament is not restricted to passing or rejecting them as they are. The first initiative to pass the 50,000 mark did so already a few months after the "kansalaisaloite" first became possible. The initiative demanded the ending of fur industry in Finland, but failed to pass in Parliament. The first initiative to be accepted by the Parliament was the citizens' initiative known in Finland as "Equal Marriages Law", which

2800-448: The UK are allowed to start a petition or be a signatory. Petitions can be initiated via a specialist website, which also contains guidance on when petitions will, and will not, be debated. On occasion, some petitions which are signed by fewer than 100,000 people are still debated. Examples of issues which have been debated in parliament via this system are various issues surrounding Brexit and

2870-562: The aforementioned "Equal Marriages Law" and the "Motherhood Law" from 2015/16 . A limited, indirect form of local initiative was added to the French Constitution (article 72-1, référendum d'initiative locale ) on 28 March 2003 as part of decentralization reforms. However, the only power these "local referendum initiatives" confer on citizens is the ability to add propositions to their local assembly's meeting agenda. The decision as to whether to submit citizen propositions to

California Consumer Privacy Act - Misplaced Pages Continue

2940-402: The age of 16 (up to $ 7,500), and authorizes civil penalties for the theft of specified login information. The California Privacy Rights Act took effect on January 1, 2023, applying to personal data collected on or after January 1, 2022. The law cannot be repealed by the state legislature, and any amendments made by the legislature must be “consistent with and further the purpose and intent” of

3010-412: The application of two-thirds of the state legislatures to propose, and three-fourths of all state legislatures (or conventions in three-fourths of the states ) to ratify. The Constitution itself, pursuant to Article VII , was ratified by state conventions rather than by a referendum. Several proposals have been made to institute a national referendum. The Ludlow Amendment , introduced several times to

3080-608: The business is active in the state and meets the requirements, they are considered to be under the CCPA. This includes transactions done on the Internet. In comparison to other privacy laws like the GDPR, the CCPA lacks clarity about its geographic range. The following sanctions and remedies can be imposed: The CCPA differs from the Virginia Consumer Data Protection Act in that the former provides

3150-428: The constitution. The parliament and government will both issue their official opinions on whether they recommend voting for or against the proposed amendment, and these opinions will be published. The parliament may also pass an alternative amendment suggestion which will also be included on the ballot; in this case, the voters cast two votes, one for whether or not they want an amendment, and one for which one they want,

3220-597: The constitutional right to send a citizens' initiative (Finnish: kansalaisaloite , Swedish: medborgarinitiativ ) to the Parliament of Finland . An initiative must begin with at least five citizens as sponsors, and it must consist either of a direct proposal for a new law or of a motion to initiate the drafting of a new law by the relevant government department, as well as present reasons for doing so. A single initiative may not contain proposals on more than one specific legislative issue. Proposed initiatives are published on

3290-448: The criteria for businesses to be subject to the act. The act applies to businesses meeting any of the three following criteria: (1) have $ 25 million in annual gross revenue in the preceding year (2) buys, sells, or shares the personal information of 100,000 or more consumers or households (3) businesses whose majority of revenue (50% or more) is earned from selling or sharing personal consumer information. The ability to revoke consent for

3360-523: The event of sensitive personal information, this does not apply if the information was manifestly made public by the data subject themselves, following the exception under Art.9(2),e). As such, the definition in GDPR is much broader than defined in the CCPA. Personal data can also include online or social media profile information. Personal data is not limited to a number or a physical document but can also be online identities, accounts, and other personal information. The California Consumer Privacy Act of 2018

3430-607: The federal district). If both conditions are met, Congress is obliged to discuss and vote on holding the initiative. The Canadian province of British Columbia has a citizen initiative law known as the Recall and Initiative Act. The original proposal was put to voters in a referendum held in October 1991 and was supported by over 83% of voters. It was subsequently put into force by the incoming NDP government. Since it came into force in 1995, at least 14 attempts have been made to force

3500-600: The government to either adopt a law or to hold a referendum on the question, but only one has succeeded. Only one secured the required signatures of 10% of registered voters in each riding throughout British Columbia. Due to this achievement the government held the first referendum under this legislation, in September 2011 on the subject of repealing the Harmonized Sales Tax . Details of its use in BC are available on

3570-403: The initiatives have proven to be a useful tool to force the government to concentrate on subjects that will otherwise remain hidden from the politic, lowering the distance between the government and the citizens. While there is no mandate for a referendum following directly from such an initiative, the UK government has a system whereby citizens can set up online petitions, which are considered by

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3640-468: The key rights of the Act include: The primary purpose of the CPRA is to further protect personal consumer information. The act defines consumer information as any information that could reasonably identify or be related to a specific person or household. This includes names, addresses, email address, social security number, and characteristics defined as being protected under California and federal law such as race, gender, or religion. The CPRA also alters

3710-424: The kinds of misuse and unknown sales of personal data that spurred the creation of the CCPA. The proposition passed with roughly 55% of California voters voting in favor of the measure. Popular initiative A popular initiative (also citizens' initiative ) is a form of direct democracy by which a petition meeting certain hurdles can force a legal procedure on a proposition. In direct initiative ,

3780-412: The legislature for support first. An indirect initiative is voted on by a legislature after sufficient signatures are collected from the voting population. In most areas the measure is submitted to a subsequent popular vote only if amended by the legislature. An agenda setting initiative is a measure submitted by petition to a legislature for consideration. The legislature may choose to approve or reject

3850-707: The list of signatures, the Marshal of the Sejm must request the National Electoral Commission to verify the signatures. The electoral commission has 21 days to carry out the verification. One of the best known citizens' initiatives in Poland is the pair of 2015/2016 anti-abortion and pro-abortion initiatives which were accompanied by the Black Protest marches coordinated by women's rights groups. In October 2022, United Poland submitted

3920-441: The original one from the initiative or the one introduced in parliament, in case a majority decides for amending. A citizen-proposed change to the constitution in Switzerland at the national level needs to achieve both a majority of the national popular vote and a majority of the canton-wide vote to pass. The vast majority of national initiatives introduced since 1891, when the system started, have failed to receive voter support. But

3990-574: The petitions committee and the pre-legislative scrutiny process. Article 48 of the 1922 Constitution of the Irish Free State gave a right of initiative: if more than 50,000 voters demanded a change in law, the Oireachtas had two years to enact it, failing which 75,000 voters could petition for a referendum . The only attempt to invoke this was organised in 1927 by Fianna Fáil , the largest opposition party, which sought to abolish

4060-489: The proposal without a public vote. This form or initiative is more common than a legally binding direct or indirect initiative. In Brazil, a popular law initiative requires two conditions be met before it is sent to the National Congress: signatures from at least 1% of national registered voters and at least 0.3% of the people allowed to vote from each of at least five of the 27 federal unities (the 26 states plus

4130-510: The proposals were bills, not constitutional amendments, no initiative could probably have lawfully been voted on notwithstanding the bills' passage. The first attempt to get national ballot initiatives occurred in 1907 when House Joint Resolution 44 was introduced by Rep. Elmer Fulton of Oklahoma ; the proposal was never put to a vote. In 1977, both the Abourezk-Hatfield National Voter Initiative and

4200-496: The proposition is put directly to a plebiscite or referendum , also called a popular initiated referendum or citizen-initiated referendum . In an indirect initiative , the proposed measure is first referred to the legislature, and then if the proposed law is rejected by the legislature, the government may be forced to put the proposition to a referendum. The proposition may be on federal level law, statute , constitutional amendment , charter amendment, local ordinance , obligate

4270-422: The ratification of this Constitution nor oftener than once every five years thereafter. This provision is further protected by Republic Act 6735 or The Initiative and Referendum Act. The law defines initiative as: The law also provides indirect initiative defining the exercise of people's initiative through a proposition sent to congress or local legislative body for action. The rejected Treaty establishing

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4340-505: The right to petition , particularly since a petition is directed to Parliament while a citizens' initiative is directed to the Commission; whereas a petition is a method of remonstrance, usually focussing on perceived infringements of European Law, an initiative is a grassroots proposal for new legislation. In 2013 the subjects of ongoing open initiatives of the European Citizens' Initiative are e.g. about "water and sanitation as

4410-535: The right to initiative. However, there is no constitutional citizens' initiative in Germany at a federal level. The Constitution of Ireland , since its 1937 enactment , has never made provision for initiatives. Since 2012, the Oireachtas (parliament) has a joint committee to which the public can submit petitions ; the committee must formally consider them but need not accept them. In May–June 2013, when

4480-443: The right to: The CCPA applies to any business, including any for-profit entity that collects consumers' personal data, does business in California, and satisfies at least one of the following thresholds: Organizations are required to "implement and maintain reasonable security procedures and practices" in protecting consumer data . The businesses that the CCPA refers to do not need to be physically present in California. As long as

4550-404: The signature hurdle can be achieved through hiring a professional company to gather signatures. Instead of a signature hurdle a state-sponsored public opinion poll as hurdle has been proposed. The success of a popular initiative depends on the exact wording. A direct initiative places an initiative measure directly on the ballot for voters to pass or reject. The measure is not submitted to

4620-446: The signatures come from a "significant number" of Member States. It is suggested that this significant number will need to be around a quarter of member states, with at least 1/500 of the citizens in those member states supporting the initiative. With the variety of languages within the European Union, this creates a significant hurdle for people to navigate. The treaty also makes it clear that right of initiative should not be confused with

4690-762: The state-level. Additionally, the EU’s passage of the General Data Protection Regulation (GDPR) in 2018 spurred greater interest in adopting a similar measure in the US. The GDPR is the strictest data privacy law in the world, with few exceptions and hefty fines. In California, these concerns manifested as the California Consumer Protection Act somewhat modeled on the EU’s GDPR. The CCPA’s initial drafting and placement on

4760-465: Was at first known, subsequently spread to many other states, and became one of the signature reforms of the Progressive Era (1890s–1920s). Almost every state currently in the union utilizes some sort of State Question or Initiative. A contemporary issue that is commonly decided through this method is the legalization of marijuana . People's initiative to propose amendments to the constitution

4830-669: Was dependent upon the withdrawal of initiative 17–0039, the Consumer Right to Privacy Act. Five amendments were enacted and signed by Gov. Newsom on October 11, 2019. Notice of DOJ 's proposed regulations was also published October 11 in the Z Register ; As of January 10, 2020 the OAL had not yet filed the final regulations with the Secretary of State , as required for the regulations to become effective. The California Privacy Rights Act of 2020 proposed several changes to

4900-485: Was originally proposed as a ballot proposition by a privacy group known as Californians for Consumer Privacy. The California DOJ approved the initiative's official language on December 18, 2017, allowing the group to begin collecting signatures. In June 2018, the proponents gathered enough signatures to qualify the CCPA initiative for the November 2018 election. In California, the state legislature cannot repeal or amend

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