California Consumer Privacy Act (CCPA)
The California Consumer Privacy Act (CCPA) gives consumers control over the personal information that businesses collect about them, including their name, social security number, email address and biometric data.
The CCPA aims to enhance privacy rights and consumer protection for residents of California by granting them greater control over their personal information.
In addition, the California Privacy Rights Act (CPRA) was passed in November 2020, which will further modify and expand the CCPA. The CPRA introduces additional consumer rights and establishes a dedicated enforcement agency, the California Privacy Protection Agency (CPPA) to enforce them.
The CCPA scope includes the following aspects:
Applicability: The CCPA applies to businesses that collect, process, or sell personal information of California residents and meet certain thresholds. Businesses falling within the scope of the CCPA must comply with its provisions, regardless of their physical location. Additionally, the CCPA covers service providers that process personal information on behalf of covered businesses.
Personal information: The CCPA defines personal information as information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. It encompasses a wide range of data, including but not limited to names, addresses, email addresses, social security numbers, browsing history, and geolocation data.
Consumer rights: The CCPA grants California consumers several rights regarding their personal information. These include the right to know what personal information is being collected and how it is used, the right to access their personal information, the right to request deletion of their personal information, the right to opt-out of the sale of their personal information, and the right to non-discrimination for exercising their rights.
Business obligations: Covered businesses under the CCPA have various obligations to ensure compliance. They must provide clear and conspicuous privacy notices to consumers explaining their data collection practices and consumers' rights. Businesses are required to establish mechanisms for consumers to exercise their rights, such as providing accessible methods to make requests for information or deletion. Additionally, businesses are prohibited from selling personal information of consumers under 16 years of age without affirmative authorization (opt-in).
Enforcement and penalties: The CCPA is enforced by the California Attorney General, who can impose fines and penalties for violations. Consumers are also granted a private right of action in the event of certain data breaches, allowing them to seek damages. The CCPA authorizes penalties of up to $7,500 per violation for intentional violations and $2,500 per violation for non-intentional violations.
For further information, see oag.ca.gov
