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Page 1 of 63 CALIFORNIA CONSUMER PRIVACY ACT OF 2018 effectiv e 1/1/20 24-AB 947 and AB 1194 update s posted to cppa. ca. gov April 2024 Content s 1798. 100. General Duties of Businesses that Collect Personal Information................................. 3 1798. 105. Consumers ' Right to Delete Personal Information........ | ccpa.pdf |
Page 2 of 63 1798. 1 99....................................................................................................................................... 55 1798. 199. 10.................................................................................................................................. 55 1798. 199. ... | ccpa.pdf |
Page 3 of 63 1798. 100. General Duties of Businesses that Collect Personal Information (a) A business that controls the collection of a consumer 's personal information shall, at or before the point of collection, inform consumers of the following : (1) The categories of personal information to be collected and the pur... | ccpa.pdf |
Page 4 of 63 (d) A business that collects a consumer 's perso nal information and that sells that personal information to, or shares it with, a third party or that discloses it to a service provider or contractor for a business purpose shall enter into an agreement with the third party, service provider, or contracto r... | ccpa.pdf |
Page 5 of 63 personal information to delete the consumer 's personal information unless this proves impossible or involves disproportionate effort. (2) The business may maintain a confidential record of deletion requests solely for the purpose of preventing the personal information of a consumer who has submitted a del... | ccpa.pdf |
Page 6 of 63 (5) Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3. 6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code. (6) Engage in public or peer-reviewed scientific, historical, or statistical research that conforms or adheres to all other applicable ethics... | ccpa.pdf |
Page 7 of 63 (4) The ca tegories of third parties to whom the business discloses personal information. (5) The specific pieces of personal information it has collected about that consumer. (b) A business that collects personal information about a consumer shall disclose to the consumer, pursuant to subparagraph (B) of ... | ccpa.pdf |
Page 8 of 63 (3) The categories of personal information that the business disclosed about the consumer for a business purpose and the categories of persons to whom it was disclosed for a business purpose. (b) A business that sells or shares personal informati on about a consumer, or that discloses a consumer 's persona... | ccpa.pdf |
Page 9 of 63 sharing of the consumer 's personal information. A business that willfully disregards the consumer 's age shall be deemed to have had actual knowledge of the consumer 's age. (d) A business that has received direction from a consumer not to sell or share the consumer 's personal information or, in the case... | ccpa.pdf |
Page 10 of 63 in regulations adopted pursuant to subparagraph (C) of paragraph (19) of subd ivision (a) of Section 1798. 185, and shall be treated as personal information for purposes of all other sections of this act, including Section 1798. 100. 1798. 125. Consumers ' Right of No Retaliation Following Opt Out or Exer... | ccpa.pdf |
Page 11 of 63 may be revoked by the consumer at any time. If a consumer refuses to provide opt-in consent, then the business shall wait for at least 12 mo nths before next requesting that the consumer provide opt-in consent, or as prescribed by regulations adopted pursuant to Section 1798. 185. (4) A business shall not... | ccpa.pdf |
Page 12 of 63 consumer does not maintain an account with the business, in a readily useable format that allows the consumer t o transmit this information from one entity to another entity without hindrance. The business may require authentication of the consumer that is reasonable in light of the nature of the personal... | ccpa.pdf |
Page 13 of 63 (i) To identify the consumer, associate the information provided by the consumer in the verifiable consumer request to any personal information previou sly collected by the business about the consumer. (ii) Identify by category or categories the personal information collected about the consumer for the ap... | ccpa.pdf |
Page 14 of 63 disclosed for a business purpose during the applicable period of time by reference to the enumerated category or categories in subdivision (c) that most closely describes the personal information disclosed. The business shall disclose the information in a list that is separate from a list generated for th... | ccpa.pdf |
Page 15 of 63 reference to the enumerated category in subdivision (c) that most closely describes the personal information disclosed, or if the business has not disclosed consumers ' personal information for a business purpo se in the preceding 12 months, the business shall disclose that fact. (6) Ensure that all indiv... | ccpa.pdf |
Page 16 of 63 sensitive personal information to those uses authorized by subdivision (a) of Section 1798. 1 21. (3) At the business ' discretion, utilize a single, clearly labeled link on the business ' internet homepages, in lieu of complying with paragraphs (1) and (2), if that link easily allows a consumer to opt ou... | ccpa.pdf |
Page 17 of 63 (3) A business that complies with subdivision (a) is not required to comply with subdivision (b). For the purposes of clarity, a business may elect whether to comply with subdivision (a) or subdivision (b). (c) A business that is subject to this section shall: (1) Not require a consumer to create an acc o... | ccpa.pdf |
Page 18 of 63 (6) Use any personal information collected from the consumer in connection with the submission of t he consumer 's opt-out request solely for the purposes of complying with the opt-out request. (d) Nothing in this title shall be construed to require a business to comply with the title by including the req... | ccpa.pdf |
Page 19 of 63 contract or agreement of any kind that purports to waive or limit in any way this subdivision shall be void and unenforceable. 1798. 140. Definitions For purposes of this title: (a) “Advertising and m arketing ” means a communication by a business or a person acting on the business ' behalf in any medium ... | ccpa.pdf |
Page 20 of 63 (C) Derives 50 percent or more of its annual revenues from selling or sharing consumers ' personal information. (2) Any entity that controls or is controlled by a business, as defined in paragraph (1), and that shares common branding with the business and with whom the business shares consumers ' person a... | ccpa.pdf |
Page 21 of 63 not used to build a profile about the consumer or otherwise alter the consumer 's experience outside the current interaction with the business. (5) Performing services on behalf of the business, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and tr... | ccpa.pdf |
Page 22 of 63 (i) “Consumer ” means a natural person who is a California resident, as defined in Section 17014 of Title 18 of the California Cod e of Regulations, as that section read on September 1, 2017, however identified, including by any unique identifier. (j) (1) “Contractor ” means a person to whom the business ... | ccpa.pdf |
Page 23 of 63 engagement, and the engagement shall be pursuant to a written contract binding the other person to observe all the requirements set forth in paragraph (1). (k) “Cross-context behavioral advertising ” means the targeting of advertising to a consumer based on the consumer 's personal information obtained fr... | ccpa.pdf |
Page 24 of 63 (q) “Household ” means a group, however identified, of consumers who cohabitate with one another at the same residential address and share use of common devices or services. (r) “Infer ” or “inference ” means the derivation of information, data, assumptions, or conclusions from facts, evidence, or another... | ccpa.pdf |
Page 25 of 63 (G) Geolocation data. (H) Audio, electronic, visual, thermal, olfactory, or similar information. (I) Professional or employment-related information. (J) Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rig... | ccpa.pdf |
Page 26 of 63 analyze or predict aspects concerning that natural person 's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements. (aa) “Pseudonymize ” or “Pseudonymization ” means the processing of personal information in a manner that renders th... | ccpa.pdf |
Page 27 of 63 (ac) “Security and integrity ” means the ability of: (1) Networks or information s ystems to detect security incidents that compromise the availability, authenticity, integrity, and confidentiality of stored or transmitted personal information. (2) Businesses to detect security incidents, resist malicious... | ccpa.pdf |
Page 28 of 63 (1) Personal information that reveal s: (A) A consumer 's social security, driver 's license, state identification card, or passport number. (B) A consumer 's account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credent... | ccpa.pdf |
Page 29 of 63 (C) Retaining, using, or disclosing the information outsi de of the direct business relationship between the service provider and the business. (D) Combining the personal information that the service provider receives from, or on behalf of, the business with personal information that it receives from, or ... | ccpa.pdf |
Page 30 of 63 (C) The business transfers to a third party the personal information of a consumer as an asset that is part of a merger, acquisition, bankrup tcy, or other transaction in which the third party assumes control of all or part of the business, provided that information is used or shared consistently with thi... | ccpa.pdf |
Page 31 of 63 pursuant to Section 1798. 106, if the business cannot verify, pursuant to this subdivision and regulations adopted by the Attorney General pursuant to paragraph (7) of subdivision (a) of Sectio n 1798. 185, that the consumer making the request is the consumer about whom the business has collected informat... | ccpa.pdf |
Page 32 of 63 (II) The request is based on the agency 's good faith determin ation that it has a lawful basis to access the information on a nonemergency basis. (III) The agency agrees to petition a court for an appropriate order within three days and to destroy the information if that order is not grante d. (ii) For p... | ccpa.pdf |
Page 33 of 63 (b) The obligations imposed on businesses by Sections 1798. 110, 1798. 115, 1798. 120, 1798. 121, 1798. 130, and 1798. 135 shall not apply where compliance by the busines s with the title would violate an evidentiary privilege under California law and shall not prevent a business from providing the person... | ccpa.pdf |
Page 34 of 63 reputation, personal characteristics, or mode of living by a consumer reporting agency, as defined in subdivision (f) of Section 1681a of Title 15 of the United States Code, by a furnisher of information, as set forth in Section 1681s-2 of Title 15 of the United States Code, who provides information for u... | ccpa.pdf |
Page 35 of 63 vessel dealer or vessel manufacturer with which that vessel information or ownership information is shared does not sell, share, or use that information for any other purpose. (3) For purposes o f this subdivisio n: (A) “Ownership information ” means the name or names of the registered owner or owners and... | ccpa.pdf |
Page 36 of 63 (3) If requests from a consumer are manifestly unfounded or excessive, in particular because of their repetitive character, a busine ss may either charge a reasonable fee, taking into account the administrative costs of providing the information or communication or taking the action requested, or refuse t... | ccpa.pdf |
Page 37 of 63 1798. 110, to delete a consumer 's personal information pursuant to Section 1798. 105, or to correct inaccurate personal information pursuant to Section 1798. 106, shall not extend to personal information about the consumer that belongs to, or the busine ss maintains on behalf of, another natural person. ... | ccpa.pdf |
Page 38 of 63 (B) “Director ” means a natural person designated in the articles of incorporation as director, or elected by the incorporators and natural persons designated, elected, or appointed by any other name or title to act as directors, and their successor s. (C) “Medical staff member ” means a licensed physicia... | ccpa.pdf |
Page 39 of 63 (B) “Director ” means a natural person designated in t he articles of incorporation as such or elected by the incorporators and natural persons designated, elected, or appointed by any other name or title to act as directors, and their successor s. (C) “Officer ” means a natural person elected or appointe... | ccpa.pdf |
Page 40 of 63 (iii) Has the power to exercise a controlling influence over the management of a company. (D) “Director ” means a natural person designated in the articles of incorporation of a business as director, or elected by the incorporators and natural persons designated, elected, or appointed by any other name or... | ccpa.pdf |
Page 41 of 63 recognized by the State of California or the United States Department of Education, as well as certification and licensure examinations used to determine competency and eligibility to receive certification or licensure from a government agency or government certification body. (B) “Jeopardize the validity... | ccpa.pdf |
Page 42 of 63 same manner as medical information or protected health information as described in paragraph (1). (3) A business associate of a covered entity governed by the privacy, security, and data breach notification rules issued by the United States Department of Health and Human Services, Parts 160 and 164 of Tit... | ccpa.pdf |
Page 43 of 63 (2) “Covered entity ” has the same meaning as defined in Section 160. 103 of Title 45 of the Code of Federal Regulations. (3) “Identifiable private information ” has the same meaning as defined in Section 46. 102 of Title 45 of the Code of Federal Regulations. (4) “Individually identifiable health informa... | ccpa.pdf |
Page 44 of 63 reidentified information and requires the return or destruction of the information that was reidentified upon completion of the contract. (5) If otherwise required by law. (b) In accordance with paragraph (4) of subdivisio n (a) of Section 1798. 146, information reidentified pursuant this section shall be... | ccpa.pdf |
Page 45 of 63 (A) To recover damages in an amount not less than one hundred dollars ($100) and not greater than seven hundred and fifty ($750) per consumer per incident or actual d amages, whichever is greater. (B) Injunctive or declaratory relief. (C) Any other relief the court deems proper. (2) In assessing the amoun... | ccpa.pdf |
Page 46 of 63 intentional violation or violations involving the personal information of consumers whom the business, service provider, contractor, or other person has actual knowledge are under 16 years of age, as adjusted pursuant to paragraph (5) of subdivision (a) of Section 1798. 185, in an administrative enforceme... | ccpa.pdf |
Page 47 of 63 (ii) Nonprofit organizations and public agencies, including school districts, to educate children in the area of online privacy. (iii) State and local law enforcement agencies to fund cooperative programs with international law enforcement organizations to combat fraudulent activities with respect to cons... | ccpa.pdf |
Page 48 of 63 (2) Updating as needed the definitions of “deidentified ” and “unique identifier ” to address changes in technology, data collection, obstacles to implementation, and privacy concerns, and adding, modifying, or deleting categories to the definition of designated methods for submitting requests to facilita... | ccpa.pdf |
Page 49 of 63 guidelines regarding financial incentives w ithin one year of passage of this title and as needed thereafter. (7) Establishing rules and procedures to further the purposes of Sections 1798. 105, 1798. 106, 1798. 110, and 1798. 115 and to facilitate a consumer 's or the consumer 's authorized agent 's abil... | ccpa.pdf |
Page 50 of 63 (10) Issuing regulations further defining and adding to the business purposes, including other notified purposes, for which businesses, service providers, and contractors may use consumers ' personal information consistent with consumers ' expectations, and further defining the business purp oses for whic... | ccpa.pdf |
Page 51 of 63 identifying and weighing the benefits resulting from the p rocessing to th e business, the consumer, other stakeholders, and the public, against the potential risks to the rights of the consumer associated with that processing, with the goal of restricting or prohibiting the processing if the risks to pri... | ccpa.pdf |
Page 52 of 63 (v) Provide a mechanism for the consumer to selectively consent to a business 's sale of the consumer 's personal information, or the use or disclosure of the consumer 's sensitive personal information, without affecting the consumer 's preferences with respect to other businesses or disabling the opt-out... | ccpa.pdf |
Page 53 of 63 (20) Issuing regulations to govern how a business that has elected to comply with subdivision (b) of Section 1798. 135 responds to the opt-out preference signal and provides consumers with the opportunity subsequently to consent to the sale or sharing of their personal information or the use and disclosur... | ccpa.pdf |
Page 54 of 63 (D) Strive to curb coercive or deceptive practices in response to an opt-out preference signal but should not undul y restrict businesses that are trying in good faith to comply with Section 1798. 135. (21) Review existing Insurance Code provisions and regulations relating to consumer privacy, except thos... | ccpa.pdf |
Page 55 of 63 (b) If steps or transactions were taken to purposely avoid the definition of sell or share by eliminating any monetary or other valuable consideration, including by entering into contracts that do not include an exchange for monetary or other valuable consideration, but w here a party is obtaining somethi... | ccpa.pdf |
Page 56 of 63 Committee, and Speaker of the Assembly shall each appoint one member. These appointments should be made from among Californians with expert ise in the areas of privacy, technology, and consumer rights. (b) The initial appointments to the agency shall be made within 90 days of the effective date of the act... | ccpa.pdf |
Page 57 of 63 1798. 199. 30. The agency board shall appoint an executive director who shall act in accordance with agency policies and regulations and with applicable law. The agency shall appoint and discharge officers, couns el, and employees, consistent with applicable civil service laws, and shall fix the compensat... | ccpa.pdf |
Page 58 of 63 (i) Cooperate with other agencies with jurisdiction over privacy laws and with data processing authorities in California, other states, territories, and countri es to ensure consistent application of privacy protections. (j) Establish a mechanism pursuant to which persons doing business in California that... | ccpa.pdf |
Page 59 of 63 office. A proceeding held for the purpose of considering probable cause shall be private unless the alleged violator files with the agency a written request that the proceeding be public. 1798. 199. 55. (a) When the agency determines there is probable cause for believing this title has been violated, it s... | ccpa.pdf |
Page 60 of 63 (a) The service of the probable cause hearing notice, as required by Section 1798. 199. 50, upon the person alleged to have violated this title shall constitute the commencement of the administrative action. (b) If the person alleged to have violated this title engages in the fraudulent concealment of the... | ccpa.pdf |
Page 61 of 63 1798. 199. 80. (a) If the time for judicial review of a final agency order or decision has lapsed, or if all means of judicial review of the order or decision have been exhausted, the agency may apply to the clerk of the court for a judgment to collect the administrative fines imposed by the order or deci... | ccpa.pdf |
Page 62 of 63 (b) Any civil pen alty recovered by an action brought by the Attorney General for a violation of this title, and the proceeds of any settlement of any said action, shall be deposited in the Consumer Privacy Fund. (c) The agency shall, upon request by the Attorney General, stay an administrative action or ... | ccpa.pdf |
Page 63 of 63 (c) The Attorney General shall provide staff support to the agency until the agency has hired its own staff. The Attorney General shall be reimbursed by the agency for these services. 1798. 199. 100. The agency and any court, as applicable, shall consider the good faith cooperation of the business, servic... | ccpa.pdf |
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