A proper legal analysis is necessary based on your location and contract. Consult an attorney in your home state for advice regarding your contract or specific legal situation.
Here’s an overview of what is discussed in this article:
Our teachers told us that we, as Americans, have a Right of Privacy thanks to the Fourth Amendment of the Constitution?! Now remember that right as you think about the amount of personal data you have online. We often trust businesses with that information every time we shop with them. Think about how many times you’ve entered your name, address, phone number, ect., online while shopping. We expect that information to be secure, right? Well unfortunately certain business engage in the sale of that data to other businesses or entities, which can then be used to target you for certain marketing campaigns or other purposes. Let’s be real... we’ve all received something in the mail from a company we’ve never bought anything from...AM I RIGHT?!
The CCPA or California Consumer Privacy Act is designed to help us take back a little bit of control of that information. This Act goes into effect January 1st, 2020 and if you’re a California resident or a company doing business in California this post is for you!
The recently enacted California Consumer Privacy Act follows the lead of the General Data Protection Regulation (or GDPR) that went into effect May 2018 in the European Union. The CCPA was signed into law in June 2018 and goes into effect January 1st, 2020. Essentially, it creates new consumer rights of access to, deletion of, and sharing of personal information that is collected by businesses. The California Legislature found that an individual’s ability to control the use and sale of their personal information was fundamental to the “inalienable” right of privacy set forth in the California (and Federal) Constitution.
The CCPA lays out four major rights for consumers and has specific guidelines on who and the type of business it applies to.
Most important, I believe the CCPA, as the first big online privacy law in the United States, will act as a trend and more states will follow suit in the protection of their resident’s personal data online.
Good news is this affects a VERY small and specific portion of businesses, mainly those larger corporations doing business in California:
If you do meet these requirements I highly suggest you check out the resources from the Office of the Attorney General of California to get going on your compliance with the terms of the new Act!
If you’re a California RESIDENT, here’s what you get from the CCPA:
This provides consumers the ability to request that a business disclose:
Provides customers the ability to request the deletion of personal information from businesses that have collected it from the customer. Businesses:
This right provides consumers the ability to direct businesses not to sell their personal information.
Prohibits a business from discriminating against a consumer because they have exercised any of their rights under the CCPA.
The important thing to remember if you are a California Resident is that when you want to exercise any of these rights, the businesses will provide you a phone number and a website so you can easily make that request (No more rooting around! Woo!). And, the business is required to comply with your request within 45 days of you making it!
For more information about the CCPA please visit:
The Office of the Attorney General of California Website
A proper legal analysis is necessary based on your location and contract. Consult an attorney in your home state for advice regarding your contract or specific legal situation.