The California Consumer Privacy Act (“CCPA”) is a comprehensive data privacy law that provides certain rights and protections for California residents regarding their personal information. The CCPA was enacted in 2018 and became effective on January 1, 2020. The key features of the California Consumer Privacy Act include …
Scope: The CCPA applies to businesses that collect and process personal information of California residents and meet certain criteria, such as having annual gross revenues above a specified threshold or handling a significant amount of personal data.
Consumer Rights: The CCPA grants California residents several rights with respect to their personal information. These include the right to know what personal information is collected, the right to request deletion of their information, the right to opt-out of the sale of personal information, and the right to non-discrimination for exercising their privacy rights.
Notice and Transparency: The CCPA requires businesses to provide clear and specific notices to consumers about the categories of personal information collected, the purposes of collection, and the rights available to them.
Data Access and Portability: California consumers have the right to request access to the personal information collected by a business and, in certain cases, to receive it in a readily usable format.
Opt-Out of Sale: The CCPA allows consumers to opt-out of the sale of their personal information. Businesses must provide a prominent link on their website enabling users to exercise this right.
Minors’ Privacy: The CCPA includes specific provisions related to the privacy rights of minors. Businesses must obtain opt-in consent for the sale of personal information of minors under 16 years of age, and for minors under 13 years of age, parental consent is required.
Enforcement and Penalties: The California Attorney General has the authority to enforce the CCPA and may issue fines and penalties for non-compliance. Consumers also have the right to take legal action against businesses that fail to adequately protect their personal information in certain circumstances.
The CCPA is a significant piece of legislation that has influenced privacy discussions and inspired similar privacy laws in other jurisdictions. Businesses subject to the CCPA often implement compliance measures to ensure they meet the requirements and protect the privacy rights of California consumers. Note: The CCPA has been amended since its enactment, and additional regulations have been issued to clarify certain provisions. Additionally, the California Privacy Rights Act (“CPRA”), passed in 2020, further enhances privacy rights and will replace the CCPA starting in 2023.