The California Consumer Privacy Act is in effect as of January 1, 2020
SACRAMENTO – California Attorney General Xavier Becerra has issued an advisory for consumers highlighting their new rights as part of the California Consumer Privacy Act (CCPA), which went into in effect on January 1, 2020. The advisory describes consumers’ basic privacy rights under the CCPA and methods for consumers to exercise those rights, information about the data broker registry, and new guidelines related to data security. Enforcement of CCPA is the responsibility of the Office of the Attorney General.
“Knowledge is power, and in today’s world knowledge is derived from data. When it comes to your own data, you should be in control,” said Attorney General Becerra. “In California we are rebalancing the power dynamic by putting power back in the hands of consumers. I encourage all Californians to take a moment to understand their new rights and exercise these rights to take control of their personal data.”
CCPA grants new rights to California consumers
Businesses subject to CCPA
Not all California businesses are subject to CCPA. A business is subject to CCPA if the business:
In addition, as proposed by the draft regulations, businesses that handle the personal information of more than four million consumers will have additional record-keeping obligations.
Data Broker Registry
As required by California Civil Code section 1798.99.80, a data broker must register with the Attorney General at https://www.oag.ca.gov/data-broker/register. The law mandates that a data broker shall pay a registration fee and provide information including primary physical, email, and internet website addresses, as well as any additional information or explanation the data broker chooses to provide concerning its data collection practices. The registry is accessible to consumers.
Consumers’ private right of action in the case of a data breach
Businesses are required to implement and maintain reasonable security procedures and practices to protect consumers’ personal information, and CCPA authorizes a consumer to institute a civil action if their personal information, as defined in subparagraph (A) of paragraph (1) of subdivision (d) of Section 1798.81.5 is subject to an unauthorized breach as a result of a business’s failure to reasonably secure this data.
Consumers were able to begin exercising the rights listed above under the CCPA on January 1, 2020. Under Civil Code 1798.100 - 1798.199, businesses subject to CCPA were required to begin complying with the law on January 1, 2020.
Consumer complaints may be reported at oag.ca.gov/report or by calling (800) 952-5225. A factsheet regarding the CCPA and the draft regulations proposed by Attorney General Becerra are available at oag.ca.gov/ccpa.