The California Consumer Privacy Act (CCPA) is a comprehensive data privacy law in the United States that went into effect on January 1, 2020. It aims to enhance privacy rights and consumer protection for residents of California. Here are some key points about CCPA:
1. Applicability:
– CCPA applies to businesses that meet certain criteria, including those that collect and process the personal information of California residents and meet certain revenue or data processing thresholds.
2. Personal Information Definition:
– CCPA defines personal information broadly, encompassing any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
3. Consumer Rights:
– CCPA grants California consumers several rights, including the right to know what personal information is being collected, the right to access their personal information, the right to request deletion of their personal information, and the right to opt-out of the sale of their personal information.
4. Opt-Out of Sale:
– Businesses are required to provide consumers with the option to opt-out of the sale of their personal information. If a consumer opts out, the business is prohibited from selling their personal information to third parties.
5. Non-Discrimination:
– Businesses are prohibited from discriminating against consumers who exercise their rights under CCPA, such as by charging them different prices or providing different levels of service.
6. Data Breach Liability:
– CCPA provides consumers with the right to bring a private right of action against businesses in the event of certain data breaches, under specific conditions.
7. Data Protection Officer (DPO):
– While CCPA does not mandate the appointment of a Data Protection Officer (DPO), businesses are required to provide contact information for a designated person or department that can address consumer privacy inquiries.
8. Scope and Extraterritorial Application:
– CCPA applies to businesses that operate in California and meet the qualifying criteria, even if the business is not physically located in the state.
9. Notice Requirements:
– Businesses must inform consumers about their rights under CCPA, the categories of personal information collected, and the purposes for which the information is used. This information should be provided at or before the point of data collection.
10. Annual Privacy Notice:
– Businesses subject to CCPA are required to provide an annual privacy notice disclosing certain information about their privacy practices.
11. Children’s Privacy:
– CCPA includes specific provisions regarding the sale of personal information of minors. Consent must be obtained for minors under the age of 16, and for children under 13, parental consent is required.
It’s important to note that CCPA has influenced the conversation around data privacy in the United States, and other states have started considering or enacting similar privacy laws. The landscape of data privacy regulations in the U.S. is evolving, and businesses operating in the country need to stay informed and compliant with relevant state laws.