Habib, et al., An Empirical Analysis of Data Deletion and Opt-Out Choices on 150 Websites, USENIX Symposium on Usable Privacy and Security (SOUPS) 2019, August 11-13, 2019, Santa Clara, CA, USA. 1129 0 obj <> endobj The AG has requested that the OAL expedite its review and adhere to the statutory timeline of 30 business days so the regulations can be effective when enforcement begins on July 1. GENERAL PROVISIONS . Reidenberg et al., Ambiguity in Privacy Policies and the Impact of Regulation (March 22, 2016) Journal of Legal Studies, Forthcoming; Fordham Law Legal Studies Research Paper No. Reference: Sections 1798.100, 1798.105, 1798.110, 1798.115, 1798.120, 1798.125, 1798.130, 1798.135, 1798.140, 1798.145, 1798.150, 1798.155 and 1798.185, Civil Code. (2) Disclose, by July 1 of every calendar year, the information compiled in subsection (g)(1) within their privacy policy or posted on their website and accessible from a link included in their privacy policy. Spiekermann, et al., Towards a Value Theory for Personal Data (April 2017) Journal of Information Technology, Vol. The IAPP is the largest and most comprehensive global information privacy community and resource. The CCPA went into effect Jan. 1, 2020. (a) A business that has actual knowledge that it sells the personal information of consumers at least 13 years of age and less than 16 years of age shall establish, document, and comply with a reasonable process for allowing such consumers to opt-in to the sale of their personal information, pursuant to section 999.316. c. General description of the process the business will use to verify the consumer request, including any information the consumer must provide. Schaub, et al., A Design Space for Effective Privacy Notices (July 2224, 2015) Symposium on Usable Privacy and Security (SOUPS) 2015, Ottawa, Canada. Besides grammatical cleanup, the final regulations contain relatively minor, but meaningful, revisions that better align the CCPA regulations with the statutory CCPA requirements. For notices provided online, the business shall follow generally recognized industry standards, such as the Web Content Accessibility Guidelines, version 2.1 of June 5, 2018, from the World Wide Web Consortium, incorporated herein by reference. 24.5. You can, On May 6, 2021, Tennessee Governor Bill Lee has signed the Insurance Data Security Law after its passage in the General Assembly. IAPP members can get up-to-date information here on the California Consumer Privacy Act and the California Privacy Rights Act. (3) The aggregate value to the business of the sale, collection, or deletion of consumers data divided by the total number of consumers. Regulations and Interpretive Guidance. The California attorney general's CCPA page contains the entire final proposed regulations package. California Department of Justice, Attorney Generals Office, Supplemental Public Comments Received as Part of the Preliminary Rulemaking Process. a. ATTORNEY GENERAL . When a business collects consumers personal information online, it may post a conspicuous link to the notice on the introductory page of the businesss website and on all webpages where personal information is collected. The regulations went into effect on August 14, 2020. (b) If a consumer who has opted-out of the sale of their personal information initiates a transaction or attempts to use a product or service that requires the sale of their personal information, a business may inform the consumer that the transaction, product, or service requires the sale of their personal information and provide instructions on how the consumer can opt-in. 999.330. Locate and network with fellow privacy professionals using this peer-to-peer directory. (w) Value of the consumers data means the value provided to the business by the consumers data as calculated under section 999.337. . Verification for Non-Accountholders. Identification of the categories of personal information, if any, that the business has disclosed for a business purpose or sold to third parties in the preceding 12 months. Consumers 13 to 15 Years of Age. Reference: Sections 1798.100, 1798.105, 1798.115, 1798.120, 1798.125, 1798.130 and 1798.135, Civil Code. (a) Purpose and General Principles (1) The purpose of the privacy policy is to provide consumers with a comprehensive description of a businesss online and offline practices regarding the collection, use, disclosure, and sale of personal information and of the rights of consumers regarding their personal information. Civ. The Final Regulations establish specific procedures for businesses to implement the CCPA's statutory requirements that facilitate new consumer rights. (c) If a business collects personal information from a consumer online, the notice at collection may be given to the consumer by providing a link to the section of the businesss privacy policy that contains the information required in subsection (b). Any reference to Section in bold text, refers to the CPRA draft regulations unless otherwise defined. 999.313. Keypoint: Some additional changes to the CCPA regulations were made before they were filed with the Secretary of State and became effective. On June 1, 2020, the California Attorney General submitted the final text of the CCPA Regulations to the California Office of Administrative Law (the "OAL"). (3) Establish, document, and comply with a training policy to ensure that all individuals responsible for handling consumer requests made under the CCPA or the businesss compliance with the CCPA are informed of all the requirements in these regulations and the CCPA. Otherwise, the AG will publish the final text of the CCPA regulations as well as a final statement of reasons. Introductory training that builds organizations of professionals with working privacy knowledge. Even if your business is located, The Small Business Administration (SBA) Economic Injury Disaster Loan (EIDL) program suffered a data breach of nearly 8,000 small-business owners, disclosing many owners social security numbers. The worlds top privacy event returns to D.C. in 2023. (f) A consumer may use an authorized agent to submit a request to opt-out on the consumers behalf if the consumer provides the authorized agent written permission signed by the consumer. A greater risk of harm to the consumer by unauthorized access or deletion shall warrant a more stringent verification process; c. The likelihood that fraudulent or malicious actors would seek the personal information. Review a filterable list of conferences, KnowledgeNets, LinkedIn Live broadcasts, networking events, web conferences and more. The CCPA calls for the Attorney General to adopt regulations in furtherance of the Act by July 1, 2020. Consumers' Right of No Retaliation Following Opt Out or Exercise of Other Rights. Explore the full range of U.K. data protection issues, from global policy to daily operational details. 2020, and March 15, 2021, before California's Office of Administrative Law approved the final version. (a) Requests to opt-in to the sale of personal information shall use a two-step opt-in process whereby the consumer shall first, clearly request to opt-in and then second, separately confirm their choice to opt-in. Summary and Response to Comments Submitted during 45-Day Period, Appendix B. If the business sells personal information, include either the contents of the notice of right to opt-out or a link to it in accordance with section 999.306. . A set of final CCPA regulations took effect on August 14, 2020 (pdf) and an additional set of amendments and modifications took effect on March 15, 2021 (pdf). (b) For the purpose of calculating the value of consumer data, a business may consider the value to the business of the data of all natural persons in the United States and not just consumers. %PDF-1.7 % . Once approved, the final text of the regulations will be filed with the secretary of state and become enforceable by law. other provisions of the CCPA, the CCPA regulations and/or other applicable laws may require measures that are similar to, if not as prescriptive as, those required by the withdrawn provisions . Use a format that makes the policy readable, including on smaller screens, if applicable. Certification des comptences du DPO fonde sur la lgislation et rglementation franaise et europenne, agre par la CNIL. The Proposed Tennessee Information Protection Act. A description of the method the business used to calculate the value of the consumers data. Article 1. This new data security law creates obligations for insurance carriers in Tennessee, and was based on model legislation, The California Consumer Privacy Act (CCPA) is the most expansive state privacy law in the United States. Notices to Consumers Under 16 Years of Age. (3) If the business sells personal information, the link titled Do Not Sell My Personal Information required by section 999.315, subsection (a), or in the case of offline notices, where the webpage can be found online. The California AG submitted the final text of the CCPA regulations on June 1, 2020, to the California OAL for review. (a) All individuals responsible for handling consumer inquiries about the businesss privacy practices or the businesss compliance with the CCPA shall be informed of all of the requirements in the CCPA and these regulations and how to direct consumers to exercise their rights under the CCPA and these regulations. 1144 0 obj <>/Filter/FlateDecode/ID[<23000D031DADC24CB3098D486C0D08BA>]/Index[1129 23]/Info 1128 0 R/Length 78/Prev 146527/Root 1130 0 R/Size 1152/Type/XRef/W[1 2 1]>>stream User-enabled global privacy controls, such as a browser plug-in or privacy setting, device setting, or other mechanism, that communicate or signal the consumers choice to opt-out of the sale of their personal information shall be considered a request directly from the consumer, not through an authorized agent. Most of the rights are explicitly enumerated within the text of the CCPA. The type, sensitivity, and value of the personal information collected and maintained about the consumer. Founded in 2000, the IAPP is a not-for-profit organization that helps define, promote and improve the privacy profession globally. 4. Short et al., Whats Your Data Worth? Additional amendments to the regulations went into effect on March 15, 2021. The implementation of final CCPA regulations closes the door on a more than nine-month process since the first draft was published for comment on October 10, 2019. We offer individual, corporate and group memberships, and all members have access to an extensive array of benefits. (a) Purpose and General Principles (1) The purpose of the notice at collection is to provide consumers with timely notice, at or before the point of collection, about the categories of personal information to be collected from them and the purposes for which the personal information will be used. The business may determine whether, based on the facts and considering the factors set forth in section 999.323, subsection (b)(3), it may reasonably verify a consumer by asking them to provide information that only the person who used the mobile application may know or by requiring the consumer to respond to a notification sent to their device. b. Instructions for submitting a verifiable consumer request to delete and links to an online request form or portal for making the request, if offered by the business. Davidson worked as a contractor for Amazon before returning to law school. The confirmation may be given in the same manner in which the request was received. (4) When a business collects personal information from a consumers mobile device for a purpose that the consumer would not reasonably expect, it shall provide a just-in-time notice containing a summary of the categories of personal information being collected and a link to the full notice at collection. (d) Responding to Requests to Delete. Third Set of Proposed Modifications released October 12, 2020On Oct. 12, 2020, the attorney generalreleaseda third set of proposed modifications to the CCPA regulations. Reference: Sections 1798.125, 1798.130 and 1798.185, Civil Code. The CPRA, a ballot initiative that amends the CCPA and includes additional privacy protections for consumers passed in Nov. 2020. 1. (6) In cases where a business denies a consumers request to delete, the business shall do all of the following: a. This Google translation feature is provided for informational purposes only. In submitting the final regulations to the OAL, the office has 30 working days, plus an additional 60 calendar days under a recent Executive Order (N-40-20) to thoroughly review and vet the law for procedural compliance. (5) Expenses related to the sale, collection, or retention of consumers personal information. It contains the following documents: State of California Department of Justice, Consumer Protection and Economic Opportunity, California Justice Information Services (CJIS), CCPA Regulations Documents filed with OAL in June 2020, OAL Amended Notice of Approval in Part and Withdrawal in Part, Appendix A. 999.325. On March 15, 2021, the California Attorney General's office announced that the Office of Administrative Law has approved the Attorney General's proposed changes to the CCPA regulations. d. Be reasonably accessible to consumers with disabilities. (s) Request to opt-in means the affirmative authorization that the business may sell personal information about the consumer by a parent or guardian of a consumer less than 13 years of age, by a consumer at least 13 and less than 16 years of age, or by a consumer who had previously opted out of the sale of their personal information. A consumer submits a request to delete all personal information the business has collected about them but also informs the business that they want to continue to participate in the loyalty program. Requests to Opt-In After Opting-Out of the Sale of Personal Information. (3) Directly confirm with the business that they provided the authorized agent permission to submit the request. It offers coupons to consumers through browser pop-up windows while the consumer uses the booksellers website. 2. On June 1, 2020, following months of negotiations, modifications, rule making events, public hearings, and public comments, the California Office of the Attorney General has submitted the text of the CCPA final regulations to the California Office of Administrative Law (OAL). . (11) A business shall identify the categories of personal information, categories of sources of personal information, and categories of third parties to whom a business sold or disclosed personal information, in a manner that provides consumers a meaningful understanding of the categories listed. Habib, et al., Its a scavenger hunt: Usability of Websites Opt-Out and Data Deletion Choices, CHI 20: Proceedings of the 2020 CHI Conference on Human Factors in Computing Systems, April 2020, Honolulu, HI, USA. Reference: Sections 1798.105, 1798.115, 1798.120, 1798.125 and 1798.130, Civil Code. 249-274. The bookseller may not deny the consumers request to delete with regard to the email address because the email address is not necessary to provide the coupons or reasonably aligned with the expectations of the consumer based on the consumers relationship with the business. Use plain, straightforward language and avoid technical or legal jargon. The Attorney General's Office also submitted its CCPA Final Text of Proposed Regulations ("Final Proposed Regulations") to the California Office of Administrative Law ("OAL") for approval last week. 999.301. (e) A business shall comply with a request to opt-out as soon as feasibly possible, but no later than 15 business days from the date the business receives the request. a. Consumers Under 13 Years of Age. (f) A business shall deny a request to know specific pieces of personal information if it cannot verify the identity of the requestor pursuant to these regulations. Third-party identity verification services are subject to the requirements set forth in Article 4 regarding requests to know and requests to delete. If the business interacts with consumers in person, the business shall consider providing an in-person method such as a printed form the consumer can directly submit or send by mail, a tablet or computer portal that allows the consumer to complete and submit an online form, or a telephone with which the consumer can call the businesss toll-free number. Note: Authority cited: Section 1798.185, Civil Code. For example, a business shall respond that it collects unique biometric data including a fingerprint scan without disclosing the actual fingerprint scan data. (2) The business or commercial purpose(s) for which the categories of personal information will be used. 879. The final text of the CCPA regulations were submitted by the California Attorney General to the California OAL for approval on June 1, 2020. . Responding to Requests to Know and Requests to Delete. If the business cannot verify the consumer within the 45- day time period, the business may deny the request. FINAL REGULATION TEXT TITLE 11. Permanent Adoption: Wednesday, December 2, 2015 . However, there are some clarifications and changes since the initial draft regulations proposed in October 2019. (4) In responding to a request to delete, a business shall inform the consumer whether or not it has complied with the consumers request. . The law went into effect on January 1, 2020, after months of negotiations and drafting. SEC. California Department of Justice, Attorney Generals Office, Transcript of Stanford Public Forum. Prop. The OAL typically has 30 working days to review and approved submitted regulations. Sensitive or valuable personal information shall warrant a more stringent verification process. (b) Where a consumer has a password-protected account with a business that collects personal information about a household, the business may process requests to know and requests to delete relating to household information through the businesss existing business practices and in compliance with these regulations. (f) If a business maintains consumer information that is deidentified, a business is not obligated to provide or delete this information in response to a consumer request or to re-identify individual data to verify a consumer request. The CCPA has extremely narrow deadlines for confirming and responding to consumer requests. 999.305. The categories of sources from which the personal information was collected; c. The business or commercial purpose for which it collected or sold the personal information; d. The categories of third parties with whom the business shares personal information; e. The categories of personal information that the business sold in the preceding 12 months, and for each category identified, the categories of third parties to whom it sold that particular category of personal information; and f. The categories of personal information that the business disclosed for a business purpose in the preceding 12 months, and for each category identified, the categories of third parties to whom it disclosed that particular category of personal information. (a) If a business maintains a password-protected account with the consumer, the business may verify the consumers identity through the businesss existing authentication practices for the consumers account, provided that the business follows the requirements in section 999.323. Note: Authority cited: Section 1798.185, Civil Code. When a business collects personal information through a mobile application, it may provide a link to the notice on the mobile applications download page and within the application, such as through the applications settings menu. IFn"_Ow\$qIw{d? #pE8`Vh kS43]f!Q$\):mMIefIilQHyU,_r_I}$7=?WZ6i;(at7Cl3Hoo gIm H>n>O% ?|HGOL/ YUQ"Ckm]$p-d the business shall not require the consumer to search or scroll through the text of a privacy policy or similar document or webpage to locate the mechanism for . Home; . (b) A business shall include the following in its notice of financial incentive: (1) A succinct summary of the financial incentive or price or service difference offered; (2) A description of the material terms of the financial incentive or price or service difference, including the categories of personal information that are implicated by the financial incentive or price or service difference and the value of the consumers data; (3) How the consumer can opt-in to the financial incentive or price or service difference; (4) A statement of the consumers right to withdraw from the financial incentive at any time and how the consumer may exercise that right; and (5) An explanation of how the financial incentive or price or service difference is reasonably related to the value of the consumers data, including: a. The deleted text of former Section 999.306(b)(2) read: "A business that substantially interacts with consumers offline shall also provide notice to the consumer by an offline method that facilitates consumer awareness of their right to opt-out. (c) A consumer may authorize another person solely to opt out of the sale of the consumer's personal information on the consumer's behalf, and a business shall comply with an opt out request received from a person authorized by the consumer to act on the consumer's behalf, pursuant to regulations adopted by the Attorney General. (d) A business that does not collect personal information directly from the consumer does not need to provide a notice at collection to the consumer if it does not sell the consumers personal information. The notice shall include the information specified in subsection (c) or link to the section of the businesss privacy policy that contains the same information. The final CCPA regulations, if approved, are expected to take effect on either October 1st, 2020, or January 1st, 2021. The OAL's role is to ensure the regulations are "clear, necessary, legally valid, and available to . Develop the skills to design, build and operate a comprehensive data protection program. Code 1798.185. The categories of personal information the business has collected about the consumer in the preceding 12 months; b. The regulations significantly shorten the time frame within which a business must act on consumer requests under the CCPA. A consumer submits a request to delete all personal information that the bookseller has collected about them, including their email address and their browsing and purchasing history. 2022 International Association of Privacy Professionals.All rights reserved. The Final Text of Proposed Regulations are identical in substance to the March 27, 2020 Second Modified Regulations. The types of personal information identified in Civil Code section 1798.81.5, subdivision (d), shall be considered presumptively sensitive; b. (b) If a business suspects fraudulent or malicious activity on or from the password-protected account, the business shall not comply with a consumers request to know or request to delete until further verification procedures determine that the consumer request is authentic and the consumer making the request is the person about whom the business has collected information. If the request is denied in whole or in part, the business shall provide or direct the consumer to its general business practices regarding the collection, maintenance, and sale of personal information set forth in its privacy policy. (2) For requests that seek the disclosure of categories of personal information about the consumer, if a business cannot verify the identity of the person making the request pursuant to the regulations set forth in Article 4, the business may deny the request to disclose the categories and other information requested and shall inform the requestor that it cannot verify their identity. OAL Notice of Approval in Part and Withdrawal in Part. (c) The privacy policy shall include the following information: (1) Right to Know About Personal Information Collected, Disclosed, or Sold. (b) When a business receives an affirmative authorization pursuant to subsection (a), the business shall inform the parent or guardian of the right to opt-out and of the process for doing so on behalf of their child pursuant to section 999.315, subsections (a)-(f). They removed some inconsistencies and clarified some ambiguous language. (5) Authorized Agent. Final Statement of Reasons: June 1, 2020 : Appendix A. (c) A businesss denial of a consumers request to know, request to delete, or request to opt-out for reasons permitted by the CCPA or these regulations shall not be considered discriminatory. The package includes the Final Text of Regulations and Final Statement of Reasonsfor the amendments to previous drafts. L.J. (3) Consider the following factors: a. It remains unclear when the regulations will be effective and when enforcement will begin, though the AG has requested expedited review, so it is still possible that enforcement will start as early as July 1, 2020. Yes, the regulations are found at 11 CCR 999.300 et seq. The CPA provides Colorado residents with numerous rights while simultaneously placing numerous obligations on businesses. (c) A business shall establish, document, and comply with a reasonable method, in accordance with the methods set forth in subsection (a)(2), for determining that a person submitting a request to know or a request to delete the personal information of a child under the age of 13 is the parent or guardian of that child. All other businesses shall provide two or more designated methods for submitting requests to know, including, at a minimum, a toll-free telephone number. (c) A business that sells personal information shall provide a notice of right to opt-out in accordance with the CCPA and section 999.306. In other contexts, the business shall provide information on how a consumer with a disability may access the notice in an alternative format. The business shall consider one or more of the following: (1) The marginal value to the business of the sale, collection, or deletion of a consumers data. 1798.190 (Avoidance of Law) Listed below are the key changes in the OAL-approved CCPA regulations, all of which were proposed by the AG in the July Addendum. In November 2020, voters approved Proposition 24, the California Privacy Rights Act of 2020, establishing the California Privacy Protection Agency (CPPA) to implement and enforce the California Consumer Privacy Act. (October 1, 2020), Consumer Reports. (7) If a business maintains a password-protected account with the consumer, it may comply with a request to know by using a secure self-service portal for consumers to access, view, and receive a portable copy of their personal information if the portal fully discloses the personal information that the consumer is entitled to under the CCPA and these regulations, uses reasonable data security controls, and complies with the verification requirements set forth in Article 4. The federal government acted to provide relief to small businesses under the CARES Act, In February 2021, state legislators introduced an amendment to Tennessees data breach law to extend the notice from 45 to 60 days. (a) Where a household does not have a password-protected account with a business, a business shall not comply with a request to know specific pieces of personal information about the household or a request to delete household personal information unless all of the following conditions are satisfied: (1) All consumers of the household jointly request to know specific pieces of information for the household or the deletion of household personal information; (2) The business individually verifies all the members of the household subject to the verification requirements set forth in section 999.325; and (3) The business verifies that each member making the request is currently a member of the household. On Friday, August 14, 2020, California Attorney General Xavier Becerra announced approval by the Office of Administrative Law (OAL) of final. 47-18-2107). For notices provided online, the business shall follow generally recognized industry standards, such as the Web Content Accessibility Guidelines, version 2.1 of June 5, 2018, from the World Wide Web Consortium, incorporated herein by reference. During the Saturday morning portion of the meeting, Board member Vinhcent Le asked the Board to consider adding a new regulation instructing the Agency to take into consideration the timing of the final regulations when engaging in any enforcement actions. CHAPTER 20. (f) Other than as required by subsection (b), a business is not required to retain personal information solely for the purpose of fulfilling a consumer request made under the CCPA. By using this blog site you understand that there is no attorney client relationship between you and the publisher. . (c) Responding to Requests to Know. For example, if a retailer maintains a record of purchases made by a consumer, the business may require the consumer to identify items that they recently purchased from the store or the dollar amount of their most recent purchase to verify their identity to a reasonable degree of certainty. (3) If the business offers the financial incentive or price or service difference online, the notice may be given by providing a link to the section of a businesss privacy policy that contains the information required in subsection. Final Text of Regulations [UPDATED] August 14, 2020 : WWW Consortium, Web Content Accessibility Guidelines, version 2.1 (June 5, 2018). TITLE 11. (v) Third-party identity verification service means a security process offered by an independent third party that verifies the identity of the consumer making a request to the business. (a) A business shall provide two or more designated methods for submitting requests to opt-out, including an interactive form accessible via a clear and conspicuous link titled Do Not Sell My Personal Information, on the businesss website or mobile application. Statement regarding whether or not the business sells personal information.
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