The California Consumers Privacy Act

On June 28, 2018, California passes Bill 375 (Chau, Hertzberg, Dodd), which will provide Californians with fundamental new consumer privacy rights.

In summary, the broad private right of action in the initiative covers instances of data breach – violations are subject to enforcement by the Attorney General – the right to know all a consumer’s personal information for free twice a year, the right to delete, and opt-in for consumers under 16 years old.

The legislation goes into effect in January 2020.

 

BILL SUMMARY:

  • Right to know all data collected by a business on you (twice annually free of charge).
  • Right to say no to the sale of your information.
  • Right to delete your data.
  • Right to be informed of what categories of data will be collected about you prior to its collection, and to be informed of any changes to this collection.
  • Mandated opt-in before sale of children’s information (under the age of 16).
  • Right to know the categories of third parties with whom your data is shared.
  • Right to know the categories of sources of information from whom your data was acquired.
  • Right to know the business or commercial purpose of collecting your information.
  • Enforcement by the Attorney General.
  • Private right of action regarding data breaches only.

 

INITIATIVE SPECIFICATIONS:

  • Right to know what categories of information collected about you (once annually free of charge).
  • Right to know where your data is sold or disclosed for business purposes, by category of your data.
  • Right to say no to sale of information.
  • Stricter regulations around pricing of services.
  • Expanded private right of action covering all contents of initiative.
  • Expanded AG enforcement covering all contents of the initiative.

The California Consumers Privacy Act  is available at https://www.caprivacy.org/

 

For more information on how privacy to implement privacy policies in your business, contact Francesca Giannoni-Crystal.

 

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