California Consumer Privacy Act

California Consumer Privacy Act

The California Consumer Privacy Act (CCPA) is a state-level data privacy law enacted in California, United States, designed to enhance privacy rights and consumer protections for residents of California.

Overview

The California Consumer Privacy Act establishes new privacy rights, disclosure obligations, and compliance requirements for businesses that collect, process, or share personal information of California residents. The CCPA grants consumers greater control over their personal data, including the right to know what information is collected about them, the right to opt-out of the sale of their personal information, and the right to request deletion of their personal data.

Key Provisions

Key provisions of the California Consumer Privacy Act include:

1. Consumer Rights: Granting consumers the right to know what personal information is collected, sold, or shared by businesses, the right to opt-out of the sale of their personal information, and the right to request deletion of their personal data.
2. Data Collection Disclosures: Requiring businesses to provide clear and transparent disclosures about their data collection practices, including the types of personal information collected, the purposes for which it is used, and the categories of third parties with whom it is shared.
3. Opt-Out Mechanisms: Mandating businesses to provide consumers with easy-to-use mechanisms, such as a "Do Not Sell My Personal Information" link on their websites, to opt-out of the sale of their personal information to third parties.
4. Data Access Requests: Obligating businesses to provide consumers with access to their personal information upon request, including the ability to view, download, or request a copy of their data in a portable format.
5. Non-Discrimination: Prohibiting businesses from discriminating against consumers who exercise their privacy rights under the CCPA, such as by denying them goods or services, charging them different prices, or providing them with a lower level of service.
6. Data Security Requirements: Imposing obligations on businesses to implement reasonable security measures to protect the personal information they collect, including safeguards against unauthorized access, disclosure, alteration, or destruction.

Compliance Requirements

Businesses subject to the California Consumer Privacy Act must comply with various requirements, including:

• Data Inventory and Mapping: Conducting a comprehensive inventory and mapping of personal information collected, processed, and shared by the business, including the categories of data, sources, purposes, and recipients.
• Privacy Notice Updates: Updating privacy policies, notices, and disclosures to provide consumers with the information required by the CCPA, including the categories of personal information collected, the purposes for which it is used, and the rights available to consumers.
• Opt-Out Mechanisms: Implementing mechanisms for consumers to exercise their right to opt-out of the sale of their personal information, such as a conspicuous link or button on the business's website titled "Do Not Sell My Personal Information."
• Data Subject Requests: Establishing procedures and workflows for handling consumer requests to access, delete, or opt-out of the sale of their personal information, including verification of consumer identity and response timelines.
• Data Security Measures: Implementing reasonable security measures to protect the confidentiality, integrity, and availability of personal information, including encryption, access controls, data minimization, and incident response procedures.
• Training and Awareness: Providing training and awareness programs for employees responsible for handling consumer inquiries, data requests, and compliance with the CCPA's requirements.

Enforcement and Penalties

The California Consumer Privacy Act is enforced by the California Attorney General's Office, which has the authority to investigate complaints, issue subpoenas, and levy fines for violations of the law. Businesses found to be in violation of the CCPA may be subject to civil penalties of up to $2,500 per violation for non-intentional violations and up to $7,500 per violation for intentional violations.