California adopts new regulations under the California Consumer Privacy Act
On 14 August 2020, the Office of Administrative Law approved the Department of Justice’s regulations regarding the California Consumer Privacy Act, 2018. The regulations are known as the California Consumer Privacy Regulations and are effective immediately.
By way of background, the California Consumer Privacy Act was signed into law on 28 June 2018 and came into effect on 1 January 2020. The Act grants California consumers a range of data privacy rights and control over their personal information, including the right to know, the right to delete, and the right to opt-out of the sale of personal information that businesses collect.
The California Consumer Privacy Regulations include provisions regarding the following:
- Notices to consumers, including an overview of the required notices; notice at the collection of personal information; notice of the right to opt-out of the sale of personal information; notice of financial incentive; and privacy policies.
- Business practices for handling consumer requests, including methods for submitting requests to know and requests to delete; responses to requests to know and requests to delete; service providers; requests to opt-out; training and record-keeping; and requests to know or delete household information.
- Verification of requests, including general rules regarding verification; verification for password-protected accounts; verification for non-account holders; and authorised agents.
- Special rules regarding consumers under 16 years of age, including consumers under 13 years of age; consumers of 13 to 15 years of age; and notices to consumers under 16 years of age.
- Non-discrimination, including discriminatory practices; and calculating the value of consumer data.
The California Consumer Privacy Act is accessible here.
The California Consumer Privacy Regulations are accessible here.
Please note: The information contained in this note is for general guidance on matters of interest, and does not constitute legal advice. For any enquiries, please contact us at [email protected].
