california consumer privacy act text

(f) The unauthorized disclosure of personal information and the loss of privacy can have devastating effects for individuals, ranging from financial fraud, identity theft, and unnecessary costs to personal time and finances, to destruction of property, harassment, reputational damage, emotional stress, and even potential physical harm. Wherever possible, law relating to consumers personal information should be construed to harmonize with the provisions of this title, but in the event of a conflict between other laws and the provisions of this title, the provisions of the law that afford the greatest protection for the right of privacy for consumers shall control. Use any personal information collected from the consumer in connection with the submission of the consumers opt-out request solely for the purposes of complying with the opt-out request. This section shall not require a business to retain any personal information collected for a single, one-time transaction, if such information is not sold or retained by the business or to reidentify or otherwise link information that is not maintained in a manner that would be considered personal information. Section 1798.175 of the Civil Code is amended to read: Chapter 22 (commencing with Section 22575) of Division 8 of the. Information is not publicly available if that data is used for a purpose that is not compatible with the purpose for which the data is maintained and made available in the government records or for which it is publicly maintained. (3) Made subject to technical safeguards that prohibit reidentification of the consumer to whom the information may pertain. A business may also offer a different price, rate, level, or quality of goods or services to the consumer if that price or difference is directly related to the value provided to the consumer by the consumers data. Why did I get a response that the business is a service provider that does not have to act on my request? If you submit a request to delete to a service provider of a business instead of the business itself, the service provider may deny the request. 4. (q) Processing means any operation or set of operations that are performed on personal data or on sets of personal data, whether or not by automated means. 1798.199.25. The rights afforded to consumers and the obligations imposed on any business under this title shall not apply to the extent that they infringe on the noncommercial activities of a person or entity described in subdivision (b) of Section 2 of Article I of the California Constitution. 1798.110. (d) A business, or a service provider or contractor, acting pursuant to its contract with the business, another service provider, or another contractor, shall not be required to comply with a consumers request to delete the consumers personal information if it is reasonably necessary for the business, service provider, or contractor to maintain the consumers personal information in order to: (a) A consumer shall have the right to request a business that maintains inaccurate personal information about the consumer correct such inaccurate personal information, taking into account the nature of the personal information and the purposes of the processing of the personal information. The following is the full text of the California Consumer Privacy Act (CCPA) after it was amended by SB-1121. (d) A third party shall not sell personal information about a consumer that has been sold to the third party by a business unless the consumer has received explicit notice and is provided an opportunity to exercise the right to opt out pursuant to 1798.120. If a businesss Do Not Sell My Personal Information link or other designated method of submitting opt-out requests is not working or difficult to find, notify the business in writing using our Consumer Privacy Tool (https://oag.ca.gov/consumer-privacy-tool). Parents should be able to control what information is collected and sold or shared about their young children and should be given the right to demand that companies erase information collected about their children. 3. A business shall be in violation of this title if it fails to cure any alleged violation within 30 days after being notified of alleged noncompliance. The CCPAs definition of personal information does not include information lawfully made available from government records, which are often sources used by data brokers. (p) Probabilistic identifier means the identification of a consumer or a device to a degree of certainty of more probable than not based on any categories of personal information included in, or similar to, the categories enumerated in the definition of personal information. Third party means a person who is not any of the following: The business that collects personal information from consumers under this title. (f) This title shall not apply to personal information collected, processed, sold, or disclosed pursuant to the Drivers Privacy Protection Act of 1994 (18 U.S.C. The categories of personal information it has collected about consumers. 13. (I) Professional or employment-related information. How do I submit my opt-out request using the GPC? Research with personal information that may have been collected from a consumer in the course of the consumers interactions with a businesss service or device for other purposes shall be: Compatible with the business purpose for which the personal information was collected. For example, it could include your name, social security number, email address, records of products purchased, internet browsing history, geolocation data, fingerprints, and inferences from other personal information that could create a profile about your preferences and characteristics. 1798.196 (Federal Preemption) 21. Personal information that is necessary for the business to retain to administer benefits for another natural person relating to the natural person acting as a job applicant to, an employee of, owner of, director of, officer of, medical staff member of, or contractor of that business to the extent that the personal information is collected and used solely within the context of administering those benefits. (ii) Retaining, using, or disclosing the personal information for any purpose other than for the specific purpose of performing the services specified in the contract, including retaining, using, or disclosing the personal information for a commercial purpose other than providing the services specified in the contract. this means that until january 1, 2023, a company doing business in california is covered by the existing requirements of the ccpa where it (1) has $25m in annual gross revenues, or (2) collects for a commercial purpose the personal information of 50,000 or more california consumers, households or devices, or (3) derives from 50% or more of its 6. (b) On and after the earlier of July 1, 2021, or within six months of the agency providing the Attorney General with notice that it is prepared to assume rulemaking responsibilities under this title, adopt, amend, and rescind regulations pursuant to Section 1798.185 to carry out the purposes and provisions of the California Consumer Privacy Act of 2018, including regulations specifying record keeping requirements for businesses to ensure compliance with this title. 1798.192 (Consumer Waivers) (A) A consumer uses or directs the business to intentionally disclose personal information or uses the business to intentionally interact with a third party, provided the third party does not also sell the personal information, unless that disclosure would be consistent with the provisions of this title. Committee major funding from: The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary, provided the consumer is provided notice of the extension within the first 45-day period. 17-0039, The Consumer Right to Privacy Act of 2018, is withdrawn from the ballot pursuant to Section 9604 of the Elections Code. This title is intended to supplement federal and state law, if permissible, but shall not apply if such application is preempted by, or in conflict with, federal law or the California Constitution. (e) A consumer may authorize another person to opt-out of the sale or sharing of the consumers personal information and to limit the use of the consumers sensitive personal information on the consumers behalf, including through an opt-out preference signal, as defined in paragraph (1) of subdivision (b), indicating the consumers intent to opt out, and a business shall comply with an opt-out request received from a person authorized by the consumer to act on the consumers behalf, pursuant to regulations adopted by the Attorney General regardless of whether the business has elected to comply with subdivision (a) or (b). This subdivision shall not apply to, This title shall not apply to personal information collected, processed, sold, or disclosed pursuant to the Drivers Privacy Protection Act of 1994 (18 U.S.C. CALIFORNIA CONSUMER PRIVACY ACT. Publicly available does not include consumer information that is deidentified or aggregate consumer information. 8. (j) Device means any physical object that is capable of connecting to the Internet, directly or indirectly, or to another device. 1798.140 (Definitions) This is particularly relevant given the COVID-19 pandemic. 2. (7) Use any personal information collected from the consumer in connection with the businesss verification of the consumers request solely for the purposes of verification. (b) If this measure is approved by the voters but superseded by law by any other conflicting measure approved by voters at the same election, and the conflicting ballot measure is later held invalid, this measure shall be self-executing and given full force and effect. Any California-specific description of consumers privacy rights. Common reasons why businesses may refuse to stop selling your personal information include: See Civil Code section 1798.145 for more exceptions. In a retail store, you might find the notice on a printed form used to collect your personal information. Made subject to technical safeguards that prohibit reidentification of the consumer to whom the information may pertain. In the event a cure is possible, if within the 30 days the business actually cures the noticed violation and provides the consumer an express written statement that the violations have been cured and that no further violations shall occur, no action for individual statutory damages or class-wide statutory damages may be initiated against the business. (2) A business that offers any financial incentives pursuant to subdivision (a), shall notify consumers of the financial incentives pursuant to Section 1798.135. 1798.194. Sec. (a) Every consumer credit reporting agency shall, upon request and proper identification of any consumer, allow the consumer to visually inspect all files maintained regarding that consumer at the time of the request. (e) This section shall not affect the private right of action provided for in Section 1798.150. (y) Processing means any operation or set of operations that are performed on personal information or on sets of personal information, whether or not by automated means. (C) Notify the consumer bringing the action that the consumer shall not proceed with the action. A consumer shall have the right, at any time, to direct a business that sells personal information about the consumer to third parties not to sell the consumers personal information. The California Senate proposed certain amendments to AB-713, which amends the CCPA, on 11 June 2020. Short-term, transient use, provided that the personal information is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumers experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction. This title is intended to further the constitutional right of privacy and to supplement existing laws relating to consumers personal information, including, but not limited to, Chapter 22 (commencing with Section 22575) of Division 8 of the Business and Professions Code and Title 1.81 (commencing with Section 1798.80). Proposition 24 (to be codified at Cal. (d) Notwithstanding subdivision (a), a business shall not sell the personal information of consumers if the business has actual knowledge that the consumer is less than 16 years of age, unless the consumer, in the case of consumers between 13 and 16 years of age, or the consumers parent or guardian, in the case of consumers who are less than 13 years of age, has affirmatively authorized the sale of the consumers personal information. Athletic Background. (a) If the time for judicial review of a final agency order or decision has lapsed, or if all means of judicial review of the order or decision have been exhausted, the agency may apply to the clerk of the court for a judgment to collect the administrative fines imposed by the order or decision, or the order as modified in accordance with a decision on judicial review. Business purposes are: (2) Any entity that controls or is controlled by a business, as defined in paragraph (1), and that shares common branding with the business. (6) Undertaking internal research for technological development and demonstration. 24.17. You can also submit an opt-out request via a user-enabled global privacy control, like the GPC, discussed in FAQ 7 & 8 below. A business shall not require a consumer to create an account in order to direct the business not to sell the consumers personal information. Consumer means a natural person who is a California resident, as defined in. 1798.120 (Right to Opt-Out of Sales) However, both houses need to pass these amendments before they become law. (4) Subject to business processes that specifically prohibit reidentification of the information. California employers must prepare to provide an array of new privacy rights to employees as of January 1, 2023, which is the effective date of the California Privacy Rights Act (CPRA) amending the CCPA. Woman veteran led, woman & minority powered. The new amendment will broaden the scope of research activities that the exemption includes. (b) A business that collects personal information about a consumer shall disclose to the consumer, pursuant to paragraph (3) of subdivision (a) of Section 1798.130, the information specified in subdivision (a) upon receipt of a verifiable request from the consumer. (4) The categories of third parties with whom the business shares personal information. section 1232g, 34 C.F.R. The business shall bear the burden of demonstrating that any verified consumer request is manifestly unfounded or excessive. Why is a credit reporting agency still giving out my credit information even though I asked it to delete my information? Why did the business deny my request to know? Any provision of a contract or agreement of any kind that purports to waive or limit in any way this subdivision shall be void and unenforceable. The opinions expressed on the blog are the opinions of the authors only and not those of CooleyLLP and Cooley(UK)LLP. (a) The provisions of this act may be amended after its approval by the voters by a statute that is passed by a vote of a majority of the members of each house of the Legislature and signed by the Governor, provided that those amendments are consistent with and further the purpose and intent of this act as set forth in Section 3, including amendments to the exemptions in Section 1798.145 if the laws upon which the exemptions are based are amended to enhance privacy and are consistent with and further the purposes and intent of this act and amendments to address a decision of a state or federal court holding that a provision of the act is unconstitutional or preempted by federal law, provided that any further amendments to legislation that addresses a court holding shall be subject to this subdivision. Section 1798.125 - [Operative until 1/1/2023] Discrimination prohibited. Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumers interaction with an internet website, application, or advertisement. California Consumer Privacy Act of 2018. (A) Has annual gross revenues in excess of twenty-five million dollars ($25,000,000), as adjusted pursuant to paragraph (5) of subdivision (a) of Section 1798.185. SEC. (4) Makes no attempt to reidentify the information. The provisions of this title are not limited to information collected electronically or over the Internet, but apply to the collection and sale of all personal information collected by a business from consumers. This title shall not apply to an activity involving the collection, maintenance, disclosure, sale, communication, or use of any personal information bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living by a consumer reporting agency, as defined in subdivision (f) of Section 1681a of Title 15 of the United States Code, by a furnisher of information, as set forth in Section 1681s-2 of Title 15 of the United States Code, who provides information for use in a consumer report, as defined in subdivision (d) of Section 1681a of Title 15 of the United States Code, and by a user of a consumer report as set forth in Section 1681b of Title 15 of the United States Code. The amendment established a legal and enforceable constitutional right of privacy for every Californian. A consumer's precise geolocation; A consumer's racial or ethnic origin, religious or philosophical beliefs, or union membership; The contents of a consumer's mail, email, and text messages, unless the business is the intended recipient of the communication; A consumer's genetic data. A copy of this disclaimer can also be found on our Disclaimer page. (1) Comply with federal, state, or local laws. (i) Designated methods for submitting requests means a mailing address, email address, Internet Web page, Internet Web portal, toll-free telephone number, or other applicable contact information, whereby consumers may submit a request or direction under this title, and any new, consumer-friendly means of contacting a business, as approved by the Attorney General pursuant to Section 1798.185. 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