The California Consumer Privacy Act 2018

The California Consumer Privacy Act (CCPA) is a state law in California, United States, that grants California residents certain rights regarding their personal information. The law went into effect on January 1, 2020, and gives California residents the right to know what personal information is being collected about them, the right to request that their personal information be deleted, and the right to opt out of the sale of their personal information. The law applies to businesses that meet certain criteria, such as having annual gross revenues over $25 million, or buying, receiving, or selling the personal information of 50,000 or more consumers, households, or devices. Businesses that are subject to the CCPA are required to provide certain disclosures and notices, and must comply with consumer requests.

The California Consumer Privacy Act (CCPA) grants California residents certain rights regarding their personal information.

The provisions of the CCPA include:

  • The right to know what personal information is being collected about them, including the categories of information, the sources of the information, and the purpose for which the information is being used.
  • The right to request that their personal information be deleted, subject to certain exceptions.
  • The right to opt-out of the sale of their personal information.
  • The right to access their personal information in a portable and, to the extent technically feasible, in a readily useable format that allows them to transmit their personal information to another entity without hindrance.
  • The right not to be discriminated against for exercising their rights under the CCPA.
  • The right to know about the financial incentives that a business may offer in exchange for the retention or sale of a consumer’s personal information.
  • The right to know the categories of third parties with whom a business shares personal information.
  • The right to know the categories of personal information that a business collects, sells, or discloses about consumers.
  • The right to know the categories of sources from which the personal information is collected
  • The right to know the business or commercial purpose for collecting or selling personal information

Companies that must comply with the CCPA are also required to provide a clear and conspicuous link on their website’s homepage titled “Do Not Sell My Personal Information”.

Under the California Consumer Privacy Act (CCPA), companies that are subject to the law have certain responsibilities and are held accountable for compliance.

These include:

  1. Providing a clear and conspicuous link on their website’s homepage titled “Do Not Sell My Personal Information” that allows consumers to opt-out of the sale of their personal information.
  2. Responding to requests from consumers to know, delete and opt-out of the sale of their personal information within specific time frame.
  3. Providing notice to consumers about their rights under the CCPA.
  4. Providing information to consumers about the categories of personal information that are being collected, the sources of that information, and the purposes for which the information is being used.
  5. Providing information to consumers about the categories of third parties with whom the company shares personal information.
  6. Providing information to consumers about any financial incentives that may be offered in exchange for the retention or sale of their personal information.
  7. Providing information to consumers about the categories of personal information that have been sold and the categories of third parties to whom that information was sold.
  8. Providing notice to consumers about the right to access their personal information in a portable and, to the extent technically feasible, in a readily useable format.
  9. Providing notice to consumers about the right not to be discriminated against for exercising their rights under the CCPA.
  10. Providing notice to consumers about the right to know about the financial incentives that a business may offer in exchange for the retention or sale of a consumer’s personal information.

Violation of these provisions may result in civil action and penalties up to $7500 per violation. Companies are also required to implement and maintain reasonable security measures to protect personal information from unauthorized access, destruction, alteration, or use.

The California Consumer Privacy Act (CCPA) provides for both civil and administrative sanctions and remedies for violations of the law.

  1. Civil Penalties: The CCPA authorizes the California attorney general to bring an action in court to enforce the law and to seek civil penalties of up to $2,500 per violation, or up to $7,500 per intentional violation.
  2. Administrative Penalties: The CCPA also authorizes the California attorney general to seek administrative penalties of up to $2,500 per violation, or up to $7,500 per intentional violation.
  3. Private Right of Action: Consumers may also bring a private right of action against companies that have suffered a data breach as a result of the company’s failure to implement and maintain reasonable security measures.
  4. Injunctive Relief: The CCPA authorizes the California attorney general to seek injunctive relief, which is a court order requiring a company to take specific actions to comply with the law.
  5. Restitution: The CCPA also authorizes the California attorney general to seek restitution for consumers who have been harmed by a company’s violation of the law.
  6. Damages: Consumers may also be entitled to seek actual damages suffered as a result of a company’s violation of the CCPA.

It’s important to note that the CCPA provides a private right of action to California residents if a business suffers a data breach as a result of their failure to implement and maintain reasonable security measures.

The California Consumer Privacy Act (CCPA) contains certain exemptions for certain types of personal information, certain types of businesses, and certain types of uses of personal information. These exemptions include:

  1. Personal Information Collected, used or disclosed for certain business purposes: The CCPA does not apply to certain types of personal information that are collected, used, or disclosed for specific business purposes, including for the purpose of providing a good or service, detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, or for debugging to identify and repair errors that impair existing intended functionality.
  2. Personal information covered by other laws: CCPA does not apply to personal information that is subject to specific provisions of other state or federal laws that provide greater privacy protection to consumers, including HIPAA, GLBA and FCRA.
  3. Personal Information of Employees and Job Applicants: The CCPA does not apply to personal information of employees and job applicants, provided that the information is collected, used, or disclosed in the context of the employer-employee relationship or in connection with the performance of a contract, such as an employment contract.
  4. Publicly available information: The CCPA does not apply to personal information that is publicly available, as defined by California law.
  5. De-identified or aggregate data: The CCPA does not apply to de-identified or aggregate data that cannot reasonably be linked to a particular consumer or household.
  6. Personal information collected for research purposes: The CCPA does not apply to personal information collected for research purposes, provided that the research complies with specific requirements set forth in the law.

It is important for businesses to understand that these exemptions are limited and specific and that companies may need to consult with legal counsel to ensure compliance with the CCPA.

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