The California Consumer Privacy Act (CCPA) is a law in California that gives California residents certain rights over their personal information. The CCPA has several sections, each of which provides specific rights and responsibilities for businesses and consumers.

  1. The Right to Know about Personal Information Collected, Disclosed, or Sold: This section gives California residents the right to request and receive information about the personal information that a business has collected, disclosed, or sold about them during the past 12 months. This includes information about the categories of personal information that have been collected, the sources from which the information was collected, the purposes for which the information was collected, and the categories of third parties with whom the information was shared.
  2. The Right to Request Deletion of Personal Information: This section gives California residents the right to request that a business delete any personal information that the business has collected about them. A business must comply with a verifiable consumer request to delete personal information unless it is necessary for the business or a service provider to retain the information for certain enumerated reasons, such as to complete a transaction or to comply with a legal obligation.
  3. The Right to Opt-Out of the Sale of Personal Information: This section gives California residents the right to opt-out of the sale of their personal information by a business. A business must provide a “Do Not Sell My Personal Information” link on its website and honor opt-out requests from consumers.
  4. The Right to Non-Discrimination for the Exercise of Privacy Rights: This section prohibits businesses from discriminating against California residents for exercising their privacy rights under the CCPA. This means that a business cannot, for example, charge a higher price or provide a lower quality of goods or services to a consumer who exercises their privacy rights.
  5. The Right to Equal Service and Price, regardless of the Exercise of Privacy Rights: This section requires businesses to provide the same level of service and prices to California residents regardless of whether they exercise their privacy rights under the CCPA.
  6. The Responsibility of Businesses to Provide Certain Information to Consumers: This section requires businesses to provide clear and conspicuous notice to California residents about their privacy rights under the CCPA and how to exercise those rights. This includes information about the categories of personal information that are collected, the purposes for which the information will be used, and the categories of third parties with whom the information will be shared.
  7. The Responsibility of Businesses to Implement and Maintain Reasonable Security Procedures and Practices: This section requires businesses to implement and maintain reasonable security procedures and practices to protect the personal information of California residents.
  8. The Enforcement of the CCPA through Private Right of Action and Civil Penalties: This section provides for the enforcement of the CCPA through private right of action and civil penalties for non-compliance. This means that California residents can sue a business for non-compliance with the CCPA and that the California Attorney General can bring enforcement actions against businesses for non-compliance, which can result in civil penalties of up to $7500 per violation.

These sections give California residents the right to know what personal information companies are collecting, the right to request the deletion of that information, the right to opt-out of the sale of their information, and the right to equal service and prices regardless of whether they exercise their privacy rights. Businesses are also responsible for providing certain information to consumers and implementing reasonable security procedures and practices. Additionally, the law includes private right of action and civil penalties for non-compliance.

Key Issues with California Consumer Privacy Act (CCPA)

The California Consumer Privacy Act (CCPA) is a new law that has several key issues that businesses and consumers must navigate. Some of these key issues include:

  1. Compliance: Many businesses are struggling to understand and comply with the CCPA’s requirements, particularly with regard to data mapping, data inventory and data deletion.
  2. Limited liability: The CCPA does not provide for a private right of action for data breaches. This means that consumers can only sue for statutory damages if a company has failed to implement reasonable security measures to protect their personal information.
  3. Enforcement: The CCPA enforcement is mainly led by the California attorney general, which has limited resources to enforce the law.
  4. Definition of “personal information”: The CCPA has a broad definition of “personal information” which includes not only traditional personal information like name and address, but also IP addresses and browsing history.
  5. Limited exemptions: The CCPA has several exemptions, such as for employee data and certain types of business-to-business data, but they are limited.
  6. Impact on smaller businesses: Smaller businesses may struggle to meet the CCPA’s requirements due to limited resources and may be at a disadvantage compared to larger businesses that have more resources to devote to compliance.
  7. Interplay with other state laws: The CCPA is the first of its kind in the United States, and its requirements may clash with other state laws.
  8. Impact on the economy: Some experts believe that the CCPA could have a negative impact on California’s economy by making it more difficult for businesses to operate and innovate.
  9. Lack of guidance: The CCPA has not yet been fully implemented and there is a lack of guidance on how to interpret and comply with its requirements.

Revisions to California Consumer Privacy Act (CCPA)

The California Consumer Privacy Act (CCPA) has undergone several revisions since it was first enacted in 2018. Some of these revisions include:

  1. AB 25: This bill, which was signed into law in 2019, clarified that the CCPA does not apply to employee data or certain types of business-to-business data. It also clarified that certain types of personal information, such as certain personal information collected by healthcare providers and certain personal information collected by certain non-profit organizations, are exempt from the CCPA’s requirements.
  2. AB 874: This bill, which was signed into law in 2020, clarified that the CCPA does not apply to certain types of personal information collected by certain types of companies, such as certain personal information collected by certain types of financial institutions, and certain personal information collected by certain types of insurance companies.
  3. AB 1281: This bill, which was signed into law in 2020, clarified that the CCPA does not apply to certain types of personal information collected by certain types of companies, such as certain personal information collected by certain types of companies that are subject to the federal Fair Credit Reporting Act.
  4. AB 1564: This bill, which was signed into law in 2020, clarified that the CCPA does not apply to certain types of personal information collected by certain types of companies, such as certain personal information collected by certain types of companies that are subject to the federal Driver’s Privacy Protection Act.
  5. AB 1146: This bill, which was signed into law in 2020, clarified that the CCPA does not apply to certain types of personal information collected by certain types of companies, such as certain personal information collected by certain types of companies that are subject to the federal Health Insurance Portability and Accountability Act.
  6. SB 1121: This bill, which was signed into law in 2020, clarified that the CCPA does not apply to certain types of personal information collected by certain types of companies, such as certain personal information collected by certain types of companies that are subject to the federal Children’s Online Privacy Protection Act.
  7. AB 1564 : This bill, which was signed into law in 2020, extends the time that certain businesses have to comply with the CCPA’s requirements from January 1, 2020 to July 1, 2020. It also provides that certain businesses that have fewer than 20 employees are not subject to certain of the CCPA’s requirements.
  8. AB 1355: This bill, which was signed into law in 2020, amends the CCPA to permit certain businesses to request that consumers provide additional information to verify the consumer’s identity.

It should be noted that CCPA is also subject to future amendments and regulations.