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Board denies petition seeking default ‘minimal functional mode’ for devices, asks staff to study concepts
Summary
The California Privacy Protection Agency board voted 5–0 to deny a Feb. 9 rulemaking petition that would have required devices to ship with a minimal functional mode and tiered consent, citing Administrative Procedure Act timelines. The board nevertheless asked staff to further evaluate the petition’s ideas and consider informational workshops or legislative options.
The California Privacy Protection Agency board on Feb. 27 voted to deny a rulemaking petition that asked the agency to require a ‘‘minimal functional mode’’ and a tiered consent structure for general‑purpose consumer devices, citing procedural constraints under state administrative law.
Philip Laird, the agency’s general counsel, explained staff’s recommendation to deny the petition on timing and workload grounds: the Administrative Procedure Act timelines make it technically infeasible to prepare a notice, ISOR and other required materials and meet the statutory decision deadline by March 11. Laird said such a denial is procedural and ‘‘is not a rejection of the concepts necessarily,’’ and staff can be directed to study the ideas further as resources permit.
The petition —…
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