Enforcement of California Consumer Privacy Act (CCPA) Begins July 1, 2020

Privacy

Written By ESR News Blog Editor Thomas Ahearn

On June 30, 2020, California Attorney General Xavier Becerra issued an alert reminding consumers of their data privacy rights under the California Consumer Privacy Act (CCPA), which provides consumers with access to and control over their personal information. The Attorney General will begin enforcement of the CCPA on July 1, 2020.

“Under the CCPA, Californians have the right to access and stop the sale of their personal data if they choose to exercise it. As families continue to move their lives increasingly online, it is essential for Californians to know their privacy options. Our office is committed to enforcing the law starting July 1,” Becerra stated in a press release.

On June 28, 2018, Governor Jerry Brown signed the CCPA into law to give Californians the ability to better control the personal information that is collected and sold about them. The CCPA was passed in response to several well-publicized data breaches that have affected millions of American consumers in recent years.

Businesses subject to CCPA were required to begin complying with the law when it took effect on January 1, 2020. Proposed final regulations under the CCPA were submitted to the California Office of Administrative Law on June 1, 2020, and are pending approval. Under the CCPA, California consumers have the following rights:

  • Right to Know – Consumers may request that a business tell them what specific personal information they have collected, shared or sold about them, and why it was collected, shared, or sold.
  • Right to Delete – Consumers may request that a business delete personal information that the business collected from the consumer, subject to some exceptions.
  • Right to Opt-Out – If a business sells their personal information, consumers may request that it stop doing so.
  • Rights for Minors – A business cannot sell the personal information of minors under the age of 16 without their permission and, for children under 13, without parental consent.
  • Right to Non-Discrimination – A business may not discriminate against consumers who exercise their rights under the CCPA.

Consumers should access the business’s online privacy policy, or California-specific online notice, for information on how they can exercise their CCPA rights. Businesses are required to have a link to their privacy policy on their website. Businesses that sell consumer personal information must also include a “Do Not Sell My Info” link.

Consumers can also refer to the California Data Broker Registry posted on the Attorney General’s website that lists businesses that collect and sell the personal information of a consumer to third parties. Data brokers are required to provide information on how consumers can opt-out of the sale or submit requests under the CCPA.

A business is subject to CCPA if it: (1) Has gross annual revenue in excess of $25 million; (2) Buys, receives, or sells the personal information of 50,000 or more consumers, households, or devices; or (3) Derives 50 percent or more of its annual revenues from selling consumers’ personal information. Non-profits and governments are exempt.

The CCPA gives consumers a limited right to sue a business for a data breach for failing to reasonably secure personal information. To report a violation of the CCPA to the Attorney General, consumers may submit a complaint online at www.oag.ca.gov/report. For more information about the CCPA, visit www.oag.ca.gov/ccpa.

The CCPA [1798.145(d)(1)] does not apply to the “collection, maintenance, disclosure, sale, communication, or use of any personal information bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living by a consumer reporting agency (CRA).”

Employment Screening Resources® (ESR) – a leading global CRA headquartered in California – is accredited by the Professional Background Screening Association (PBSA) and undergoes annual SSAE 18 SOC 2® Type II audits to protect consumer information used for background checks. To learn more, visit www.esrcheck.com.

NOTE: Employment Screening Resources® (ESR) does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.

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