California Proposes New Whistleblower Framework for Privacy Enforcement

A new bill introduced in the California legislature, AB 2021, proposes a significant expansion of the enforcement framework under the California Consumer Privacy Act (CCPA). The bill would create a formal whistleblower program within the California Privacy Protection Agency (CPPA), allowing individuals to submit complaints alleging CCPA violations and, under certain conditions, receive a financial award.

Under AB 2021, eligible whistleblowers could receive between 15% and 33% of administrative fines or settlement proceeds collected in an enforcement action initiated from their complaint. These awards would be paid from a newly created Consumer Privacy Whistleblower Subfund, which would also cover attorney’s fees when authorized. To qualify, a whistleblower must be represented by counsel and must attest under penalty of perjury that the information provided is truthful. The bill also allows anonymous submissions, provided the whistleblower’s attorney verifies the individual’s identity and compliance with statutory requirements.

The proposal includes robust confidentiality protections, expressly exempting whistleblower identities from disclosure under the California Public Records Act. It also establishes new anti‑retaliation rights for employees, contractors, and agents who report suspected CCPA violations or participate in related enforcement actions. Individuals who experience adverse employment actions for engaging in protected whistleblower activity would be entitled to bring a civil action for damages and other relief.