Attorney General Becerra Issues Advisory Outlining New Data Privacy Rights for California Consumers

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Treliant Takeaway:

Treliant commends Attorney General Xavier Becerra and his office on spreading awareness of the California Consumer Privacy Act (CCPA), which came into effect on January 1, 2020.  The heart of the CCPA is to give control back to California consumers regarding the use of their data, a trend which has swept the globe following the establishment of the EU’s General Data Protection Regulation in May 2018.

Businesses collecting or distributing the personal information of California residents should review their new obligations under the law, and ensure they have deployed the appropriate internal controls and compliance frameworks to abide by these new requirements.   Treliant’s strategic advisors and expert data privacy practitioners are uniquely well-suited to design, implement and assess privacy programs to comply with all privacy and data protection regulatory requirements, including the CCPA.

Article Highlights:

The CCPA establishes new rights to California consumers.  These include:

  • Right to know (and right to access) – Consumers may request that businesses disclose to them what personal information is collected, used, shared or sold by the business.  Consumer have the right to know not only the categories of personal information a business has about them, but also the underlying specific pieces of information.
  • Right to delete — Consumers may request that a business delete the consumer’s personal information held by both the business and by extension, the business’s service providers.  The right to deletion is, however, subject to some exceptions.
  • Right to opt-out  Consumers may direct a business to cease the sale of their personal information.  As required by the law, businesses must provide a “Do Not Sell” information link on their websites or mobile apps.
  • Rights for minors regarding opt-in consent — Children under the age of 16 must provide opt-in consent, with a parent or guardian providing consent on behalf of children under 13.
  • Right to non-discrimination — Businesses may not discriminate against consumers in terms of price or service when a consumer exercises a privacy right under CCPA.

The CCPA is still likely subject to some revisions in the 2020 legislative cycle, which is separate from a second ballot initiative by the original advocates for the law, which, if passed, would greatly expand the obligations businesses have under the CCPA.  Treliant will continue to monitor potential changes to the CCPA as the year progresses.