What is the CCPA?
The California Consumer Privacy Act (CCPA) is a groundbreaking consumer protection law that was passed in California in 2018. Legislators and lobbyists created this in response to the increasing number of data breaches and other privacy concerns in the digital age.
The CCPA provides California consumers the right to know what personal information companies are collecting about them, the right to request that their data be deleted, and the right to opt out of the sale of their information while giving patients the right to seek damages if their data is sold or used in a manner that is not consistent with the law.
While this may feel like a given, in the early 2000s, many were quite astounded to know how much of their information was being sold and transferred - not just on social media.
Patients in California have more control over how their personal data is collected, sold, and used. The CCPA requires companies to disclose how they are using consumer data, mandating transparency and accountability and providing consumers with an easy way to opt-out of the sale of their data.
It serves as a model for other states to follow in creating their own consumer protection laws and is a crucial part of the effort to create a more secure and privacy-protected digital landscape.
To ensure compliance with the CCPA, organizations must implement policies, procedures, and systems that address the consumer rights and requirements outlined in the law.
What is the Difference Between a Controller and a Processor?
Controllers and processors, as defined under the California Consumer Privacy Act (CCPA) of 2018, are two distinct entities that play unique roles in the handling of personal information. A controller is an entity that determines the purposes and means of processing personal information. This entity typically collects, uses, and stores personal information.
A processor, on the other hand, is the entity that processes personal information on behalf of a controller. This entity typically acts on the instructions of the controller and is responsible for implementing appropriate technical and organizational measures to protect personal health information.
Does the CCPA Apply to Business and Service Providers?
The California Consumer Privacy Act (CCPA) applies to for-profit businesses that do business in California and meet one or more of the following criteria:
1. Have gross annual revenues in excess of $25 million.
2. Buy, receive, sell, or share the personal information of 50,000 or more consumers, households, or devices.
3. Derive 50% or more of annual revenues from selling consumers’ personal information.
If you meet any of the criteria listed above, you are considered a business under the CCPA. If you do not meet any of the criteria listed above, you are considered a service provider under the CCPA.
What is the Difference Between CCPA and GDPR?
The California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR) are two comprehensive data privacy regulations that protect personal data. While they have many similarities, they also have some key differences.
The GDPR applies to any company that collects, stores, and processes personal data from European citizens, regardless of the company's location. The CCPA applies to California-based companies that collect, store, and process the personal data of California residents, as well as companies with global revenues exceeding $25 million, or those that collect or sell the personal information of more than 50,000 California residents.
The GDPR applies to all personal data, including personal and sensitive data. The CCPA is broader and applies to all personal information, including personal identifiers, professional and education information, commercial information, and biometric information
The GDPR requires companies to obtain explicit consent from users in order to collect and process their personal data. Companies must provide users with the right to access, correct, delete, and export their personal data. The CCPA grants users the right to know what data is being collected, the right to opt out of their data being sold, and the right to delete their data, but does not require explicit consent.
Under the CCPA, businesses must provide clear and conspicuous notice to consumers about the categories of information they collect, the purposes for which they use it, and the categories of third parties with whom the information is shared.
Additionally, the CCPA requires businesses to provide consumers with a mechanism to opt out of the sale of their personal information and to provide a copy of their personal information upon request. Businesses should ensure that any third parties with whom they share personal information are contractually obligated to use the data in compliance with the CCPA.
What is the California Privacy Rights Act of 2020?
The California Privacy Rights Act of 2020 (CPRA) is an amendment to the California Consumer Privacy Act of 2018 (CCPA), which provides additional consumer privacy protections in the state of California. The California Attorney General's Office enforces the CCPA and CPRA, which was approved by California voters on Nov 3, 2020, and took effect on Dec 16, 2020. It became fully operative on Jan 1, 2023, with enforcement beginning on July 1, 2023. Some refer to this as Proposition 24 or CCPA 2.0.
The CPRA includes provisions to grant consumers the right to know what personal information is being collected about them, the right to delete their personal information, the right to opt out of the sale of their personal information, the right to non-discrimination for exercising their privacy rights, and the right to access their personal information in a portable format.
The CPRA strengthens the privacy of minors and individuals aged 65 and older, imposes additional obligations on businesses, and provides for increased enforcement. The CPRA is important because it grants consumers greater control over their personal information and provides them with additional privacy protections.
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Sources:
- The California Consumer Privacy Act. California Office of the Attorney General. Last updated Jan 20, 2023. Retrieved Jan 27, 2023 from https://oag.ca.gov/privacy/ccpa.
- Hautala, Laura. (2020). CCPA is here: California’s privacy law gives you new rights. CNET. Retrieved Jan 27, 2023 from https://www.cnet.com/news/privacy/ccpa-is-here-californias-privacy-law-gives-you-new-rights
- CCPA and CPRA. IAPP. Retrieved Jan 27, 2023 from https://iapp.org/resources/topics/ccpa-and-cpra.
- EU General Data Protection Regulation. IAAP. Retrieved Jan 27, 2023 from https://iapp.org/resources/topics/eu-gdpr.
- California Legislature, Senate Concurrent Resolution No.9. California Legislative Information. Retrieved Jan 27, 2023 from https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SCR9.
- California Office of the Attorney General. (2020). What entities does the CCPA apply to? Retrieved from https://oag.ca.gov/privacy/ccpa/faqs#what-entities-does-the-ccpa-apply-to
- Sargent, S., Webb, J. California Consumer Privacy Act: A Practice Overview. American Bar, ABA. Published April 12, 2020. Retrieved Jan 27, 2023 from https://www.americanbar.org/groups/litigation/committees/corporate-counsel/practice/2020/california-consumer-privacy-act-a-practice-overview.
