| | |
| | CCPA_SECTIONS = { |
| | "Section 1798.100": """General Duties of Businesses that Collect Personal Information. |
| | A business must inform consumers at or before point of collection about: |
| | - Categories of personal information collected and purposes |
| | - Whether information is sold or shared |
| | - If collecting sensitive personal information, categories and purposes |
| | - Length of time business intends to retain each category |
| | A business shall not collect additional categories or use for incompatible purposes without notice. |
| | Collection, use, retention, and sharing must be reasonably necessary and proportionate to disclosed purposes. |
| | Violation: Collecting data without disclosure, collecting undisclosed categories, using data for undisclosed purposes, not disclosing retention period, collecting sensitive data (browsing history, geolocation, biometric data) without mentioning it in privacy policy.""", |
| |
|
| | "Section 1798.105": """Consumers' Right to Delete Personal Information. |
| | A consumer has the right to request deletion of their personal information. |
| | A business that receives a verifiable consumer request to delete must: |
| | - Delete the consumer's personal information from its records |
| | - Notify service providers and contractors to delete |
| | - Notify third parties to delete |
| | Exceptions to deletion: completing a transaction, security, debugging, free speech, legal compliance, scientific research, internal uses compatible with context. |
| | Violation: Ignoring or refusing deletion requests, keeping records after verified deletion request, not notifying service providers to delete.""", |
| |
|
| | "Section 1798.106": """Consumers' Right to Correct Inaccurate Personal Information. |
| | A consumer has the right to request correction of inaccurate personal information. |
| | A business must use commercially reasonable efforts to correct inaccurate information. |
| | Violation: Refusing to correct inaccurate personal information after verified request.""", |
| |
|
| | "Section 1798.110": """Consumers' Right to Know What Personal Information is Being Collected. |
| | A consumer has the right to request disclosure of: |
| | - Categories of personal information collected |
| | - Categories of sources |
| | - Business or commercial purpose for collecting/selling/sharing |
| | - Categories of third parties to whom information is disclosed |
| | - Specific pieces of personal information collected |
| | Violation: Refusing to disclose what personal information is collected, failing to respond to access requests.""", |
| |
|
| | "Section 1798.115": """Consumers' Right to Know What Personal Information is Sold or Shared. |
| | A consumer has the right to know: |
| | - Categories of personal information sold or shared and to whom |
| | - Categories of personal information disclosed for business purposes |
| | Third parties shall not re-sell personal information without consumer notice and opt-out opportunity. |
| | Violation: Not disclosing to whom personal information is sold or shared, third party re-selling without notice.""", |
| |
|
| | "Section 1798.120": """Consumers' Right to Opt Out of Sale or Sharing of Personal Information. |
| | A consumer has the right at any time to direct a business not to sell or share their personal information (right to opt-out). |
| | Business must provide notice that information may be sold/shared and consumers have right to opt out. |
| | SPECIAL RULE FOR MINORS: A business shall NOT sell or share personal information of consumers it knows are under 16 years of age unless: |
| | - Consumer aged 13-15 has affirmatively authorized the sale/sharing, OR |
| | - Parent/guardian of consumer under 13 has authorized it |
| | Selling data of minors (under 16) without proper consent is a violation. |
| | Violation: Selling/sharing personal information without opt-out mechanism, not providing opt-out notice, selling/sharing data of users under 16 without consent, selling data of users under 13 without parental consent, ignoring opt-out requests.""", |
| |
|
| | "Section 1798.121": """Consumers' Right to Limit Use and Disclosure of Sensitive Personal Information. |
| | A consumer has the right to direct a business to limit use of sensitive personal information to necessary purposes. |
| | Sensitive personal information includes: Social Security numbers, financial account info, precise geolocation, racial/ethnic origin, religious beliefs, union membership, contents of mail/email/texts, genetic data, biometric data for identification, health information, sex life or sexual orientation. |
| | A business using sensitive data for non-essential purposes must provide notice and honor limitation requests. |
| | Violation: Using sensitive personal information beyond necessary service delivery without consumer opt-out option, not honoring limitation requests for sensitive data.""", |
| |
|
| | "Section 1798.125": """Consumers' Right of No Retaliation Following Opt Out or Exercise of Other Rights. |
| | A business shall not discriminate against a consumer for exercising CCPA rights, including: |
| | - Denying goods or services |
| | - Charging different prices or rates (higher prices to consumers who opt out) |
| | - Providing different level or quality of goods or services |
| | - Suggesting consumer will receive different price/rate/quality |
| | Exception: A business may offer financial incentives for collection/sale/sharing of data if: |
| | - Not unjust, unreasonable, coercive, or usurious |
| | - Consumers are notified and opt-in voluntarily |
| | Violation: Charging higher prices to consumers who opt out of data selling, offering lower quality service, denying service, any discriminatory treatment for exercising privacy rights.""", |
| |
|
| | "Section 1798.130": """Notice, Disclosure, Correction, and Deletion Requirements. |
| | Businesses must: |
| | - Provide two or more designated methods for submitting consumer requests (including toll-free number) |
| | - Respond to verifiable consumer requests within 45 days (extendable to 90 days with notice) |
| | - Not require account creation to make a request |
| | - Provide privacy policy disclosing consumer rights |
| | - Disclose categories of personal information collected in the past 12 months |
| | Violation: Not responding within 45 days, requiring account creation to exercise rights, not providing adequate request mechanisms.""", |
| |
|
| | "Section 1798.135": """Methods of Limiting Sale, Sharing, and Use of Personal Information. |
| | A business that sells/shares personal information or uses sensitive personal information must: |
| | - Provide a clear and conspicuous link titled 'Do Not Sell or Share My Personal Information' on homepage |
| | - Provide link to limit use of sensitive personal information |
| | - Honor opt-out signals including Global Privacy Control |
| | - Not require consumer to create account to opt out |
| | - Not use dark patterns that subvert opt-out choices |
| | Violation: Not having 'Do Not Sell My Personal Information' link, ignoring Global Privacy Control signals, using dark patterns to prevent opt-out, requiring account creation to opt out.""", |
| | } |
| |
|
| | |
| | VIOLATION_PATTERNS = { |
| | "selling personal information without opt-out": ["Section 1798.120", "Section 1798.135"], |
| | "selling data without notice": ["Section 1798.120", "Section 1798.100"], |
| | "ignoring deletion request": ["Section 1798.105"], |
| | "refusing to delete": ["Section 1798.105"], |
| | "undisclosed data collection": ["Section 1798.100"], |
| | "collecting without disclosure": ["Section 1798.100"], |
| | "discriminatory pricing": ["Section 1798.125"], |
| | "higher price for opt-out": ["Section 1798.125"], |
| | "minor data without consent": ["Section 1798.120"], |
| | "children data without parental consent": ["Section 1798.120"], |
| | "sensitive data without limitation option": ["Section 1798.121"], |
| | "biometric data without disclosure": ["Section 1798.100", "Section 1798.121"], |
| | "geolocation without disclosure": ["Section 1798.100", "Section 1798.121"], |
| | "no do not sell link": ["Section 1798.135"], |
| | "ignoring opt-out": ["Section 1798.120", "Section 1798.135"], |
| | "refusing access request": ["Section 1798.110"], |
| | "not disclosing third parties": ["Section 1798.115"], |
| | "third party reselling without notice": ["Section 1798.115"], |
| | "not responding to requests": ["Section 1798.130"], |
| | "denying service for opt-out": ["Section 1798.125"], |
| | } |
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