August 28, 2023

CCPA / CPRA Rights

California Consumer Privacy Act

The California Consumer Privacy Act (CCPA), signed into law on June 28, 2018, creates an array of consumer privacy rights and business obligations regarding the collection and sale of personal information. The CCPA went into effect Jan. 1, 2020. The California Privacy Rights Act (CPRA), also known as Proposition 24, was a ballot measure approved by California voters on Nov. 3, 2020. It significantly amended and expanded the CCPA, and it is sometimes referred to as “CCPA 2.0.” CPRA became operative on January 1, 2023.

Summary

Name: California Consumer Privacy Act / California Privacy Rights Act

Short Name: CCPA / CPRA

Effective Date: January 1, 2023

Region | State : CA, US

Applicable Industries : (CCPA) is applicable to a wide range of industries that collect and process personal information of California residents, here are some of the types of industries that CCPA can applies to Technology & Online Services, Retail and E-commerce, Financial Services, Healthcare, Marketing and Advertising, Education, Manufacturing and Consumer Goods, Automotive, Professional Services.

Consumer Rights

SNo

Name of Right

Description

Also Refferred as

Section

1

Right to be Informed

You have the right to be informed about the type of personal information collected and processed about you, and your rights to opt-out.

Right to Notice

Cal. Civ Code 1798.130 (a) (5)

2

Right to Access Personal Information

You may request that businesses disclose to you what personal information they have collected, used, shared, or sold about you, and why they collected, used, shared, or sold that information.

Businesses must provide you this information for the 12-month period preceding your request. They must provide this information to you free of charge.

Right to Access

Cal. Civ Code 1798.100(a)

Cal. Civ Code 1798.110

Cal. Civ Code 1798.115

3

Right to Delete Personal Information

You may request that businesses delete personal information they collected from you and to tell their service providers to do the same. However, there are many exceptions that allow businesses to keep your personal information.

Businesses must respond to your request within 45 calendar days. They can extend that deadline by another 45 days (90 days total) if they notify you.

Right to Delete

Cal. Civ Code 1798.105

4

Right to Correct Inaccurate Personal Information

A consumer shall have the right to request a business that maintains inaccurate personal information about the consumer to correct that inaccurate personal information, taking into account the nature of the personal information and the purposes of the processing of the personal information.

A business that collects personal information about consumers shall disclose, pursuant to Section 1798.130, the consumer’s right to request correction of inaccurate personal information.

Right to Rectification

Cal. Civ Code 1798.106

5

Right to Opt Out of Sale or Sharing of Personal Information

A consumer shall have the right to request that businesses stop selling or sharing consumer’s personal information (“opt-out”), specifically to sharing for cross-context behavioral advertising, which is the targeting of advertising to a consumer based on the consumer’s personal information obtained from the consumer’s online activity across numerous websites.

Opt-Out of sale

Cal. Civ Code 1798.120

6

Right to opt-out of sharing of personal information

A consumer shall have the right to request that businesses stop selling or sharing consumer’s personal information (“opt-out”), specifically to sharing for cross-context behavioral advertising, which is the targeting of advertising to a consumer based on the consumer’s personal information obtained from the consumer’s online activity across numerous websites.

Opt-Out of targeted adsOpt-Out of profiling

Cal. Civ Code 1798.120

7

Right to Know

A consumer shall have the right to request that a business that sells or shares the consumer’s personal information, or that discloses it for a business purpose, disclose to that consumer:

  • The categories of personal information that the business collected about the consumer.
  • The categories of personal information that the business sold or shared about the consumer and the categories of third parties to whom the personal information was sold or shared, by category or categories of personal information for each category of third parties to whom the personal information was sold or shared.

Right to Know

Cal. Civ Code 1798.115

8

Right to limit use and disclosure of sensitive personal information

A consumer shall have the right, at any time, to direct a business that collects sensitive personal information about the consumer to limit its use of the consumer’s sensitive personal information to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services.

Right to opt-out for sensitive data processing

Cal. Civ Code1798.121

9

Right of no retaliation following opt-out or exercise of other rights

Businesses cannot deny goods or services, charge you a different price, or provide a different level or quality of goods or services just because you exercised your rights under the CCPA.

Right to non-discrimination

Cal. Civ Code 1798.125

10

Right to private action

An individual has the right to initiate private action on businesses under specific circumstances.

Right to private action

Cal. Civ. Code § 1798.150

Business Obligations

SNo

Obligations

Description

Also Refferred as

Reference

1

Privacy policies and procedures

Provide notice of consumer rights

Right to Notice

Sections 1798.100(a), 1798.100(b), 1798.130(a) and 1798.135,

2

Purpose limitation

Sections 1798.100(b), 1798.100(c)

3

Data minimization

Sections 1798.100(c) and 1798.100(a)(d)

4

Security requirements

Sections 1798.150(a), 1798.100(e) and 1798.150(a)

5

Processor/ service provider requirements

Sections 1798.140(v),  1798.100(d) and 1798.140(ag)(1)

6

Record keeping

Section 999.317

7

Risk impact assessment

Risk assessment

Section 1798.185(a)(15)

8

Breach notification

9

Registration with authorities

10

Data processing officer

Designated personnel

11

International data transfer restrictions

12

Global Privacy Controls

Although the text of the California Privacy Rights Act (CPRA) suggests that responding to the Global Privacy Control (GPC) will be optional in 2023, the California Attorney General will require companies to respond to GPC signals now.

GPC

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