What is the CCPA?

By Updated Corrections

The California Consumer Privacy Act (CCPA) is California's consumer-data law. It took effect January 1, 2020, and was expanded by the California Privacy Rights Act (CPRA) effective January 1, 2023. The combined framework, codified at California Civil Code §1798.100–§1798.199, gives California residents the right to know, access, delete, correct, and opt out of the sale of their personal data, plus the right to limit use of sensitive personal information.

The seven core rights

California residents have the right to:

  1. Know what personal data businesses collect.
  2. Access a copy of their personal data from the past 12 months.
  3. Delete their personal data, with limited exceptions.
  4. Correct inaccurate personal data.
  5. Opt out of sale or sharing of personal data, including for cross-context behavioral advertising.
  6. Limit use of sensitive personal information (SSN, precise geolocation, health, race, religion, sexual orientation).
  7. Non-discrimination for exercising any of the above.

The Delete Act (SB 362)

Signed in 2023, the Delete Act adds two things on top of CCPA:

Enforcement

The California Privacy Protection Agency (CPPA), created by CPRA and the first dedicated state privacy agency in the US, enforces CCPA. The agency investigates complaints filed at privacy.ca.gov and can issue fines up to $7,500 per intentional violation. Covered businesses generally must respond to a verified consumer request within 45 calendar days and may extend once when permitted by the law.

Who counts as a "California resident"

Anyone domiciled in California or in California for other than a temporary or transitory purpose. Vacationers and short-term visitors don't qualify. People with California addresses, California driver's licenses, or who file California taxes do qualify.

CCPA rights apply to California residents. If you live elsewhere, use the rights available under your own state’s law or the broker’s voluntary privacy process; do not claim California residency when it is not true.

See also

Sources

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California gave you the rights. Use them.

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