California Consumer Protection Act (CCPA)
The California Consumer Protection Act (CCPA) is a comprehensive data privacy law that was enacted in the state of California, United States. The CCPA grants California residents certain rights and imposes obligations on businesses regarding the collection, use, and disclosure of personal information.
Here are key aspects and provisions of the CCPA:
1. Consumer Rights: The CCPA grants California consumers specific rights regarding their personal information. These include the right to know what personal information is collected, the right to request deletion of personal information, the right to opt-out of the sale of personal information, and the right to non-discrimination for exercising these rights.
2. Definition of Personal Information: The CCPA defines personal information broadly, encompassing any information that identifies, relates to, describes, or can be linked to a particular consumer or household. This includes names, addresses, email addresses, social security numbers, browsing history, purchasing habits, and more.
3. Covered Businesses: The CCPA applies to businesses that meet certain criteria. These include businesses that have an annual gross revenue above a specified threshold, handle personal information of a certain number of California consumers, or derive a significant portion of their revenue from the sale of personal information.
4. Obligations and Requirements: The CCPA imposes various obligations on covered businesses. They are required to disclose the categories of personal information collected, the purposes for which it is used, and the categories of third parties with whom it is shared. Businesses must also provide consumers with a clear and conspicuous opt-out option for the sale of their personal information.
5. Notice and Consent: The CCPA emphasizes transparency and consumer control. Covered businesses are required to provide consumers with a privacy notice that details their data collection and processing practices. They must also obtain explicit consent from consumers before collecting or using their personal information for certain purposes.
6. Data Breach Liability: The CCPA introduces a private right of action for consumers in case of unauthorized access, exfiltration, theft, or disclosure of their personal information resulting from a business's failure to implement reasonable security measures. This provision allows consumers to seek damages in case of data breaches.
7. Enforcement and Penalties: The CCPA is enforced by the California Attorney General's Office. Non-compliant businesses may face penalties and fines for violations of the law. Consumers also have the right to take legal action against businesses under certain circumstances.
The CCPA aims to enhance consumer privacy rights and control over personal information in the digital age. It empowers California residents with greater transparency and control over how their personal information is collected, used, and shared by businesses. The law has significant implications for businesses operating in California, requiring them to implement robust privacy practices and comply with the CCPA's provisions to protect consumer data.