There are potentially scenarios where a business tries to reduce CCPA compliance costs by offloading certain customers (maybe product returns?) All businesses subject to the CCPA must now comply with both the statute and the regulations. Subsection (f) now states that 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. Some comments called for eliminating the 15-day requirement or extending it to align with the 45-day requirement for responding to requests to know or to delete. The CCPA regulations purport to do so via additional definitions; further detail on the contents of consumer notices; clarification of the methods in-scope businesses must offer to consumers for submitting requests to know, delete and opt out (or opt in); specificity relating to verification of requests; and more. (Bus. Subsection (b)(1) has been modified to add that a business that collects personal information through a mobile application may provide a link to the notice within the application, such as through the application’s settings menu. The subsection also adds the term “previously collected.” This change is necessary to clarify that the subsection applies when a business seeks to use previously collected personal information for a use that is materially different than what was previously disclosed to the consumer, not for new personal information that it seeks to collect. Additional links and CCPA resources can be found at the CA AG’s website. (CalOPPA), the OAG has reviewed numerous privacy policies for compliance with CalOPPA, which requires the operator of an online service to disclose, among other things, how it responds to “Do Not Track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about their online activities over time and across third-party websites or online services. (See Civ. These public and nonprofit entities also store documents in cloud storage, use email systems provided by third parties, and employ vendors to manage data. It is not intended to allow consumers to know or delete personal information collected by a non-business merely because the non-business outsources tasks to a service provider. In a press conference discussing the regulations, the AG’s Office stressed that the draft of the proposed regulations and Initial Statement of Reasons are among the best resources explaining the CCPA’s expected implementation. Civil Code section 1798.140, subdivision (v), defines a “service provider” as one who “processes information on behalf of [the] business” that provided the personal information, pursuant to a contract that prohibits “retaining, using, or disclosing the personal information for a commercial purpose other than providing the services specified in the contract.” Relatedly, a business does not “sell” personal information when it transfers that data to a service provider, provided that the service provider does not “collect, sell, or use the personal information of the consumer except as necessary to perform the business purpose” of the business that provided the personal information. June 3, 2020 – Alerts By Odia Kagan. The CCPA’s definition of “third party” excludes the business that collects personal information from consumers, meaning the business that collects a consumer’s personal information in a particular context; it does not exclude all businesses that collect personal information directly from consumers in any context. (q)(3), 999.308, subd. The modification that a business comply with the request within 15 business days was made after considering public comments from many businesses and consumer advocates. Code, § 1798.140, subd. Code, § 6250 et seq.) California Attorney General Xavier Becerra has submitted a final California Consumer Privacy Act (CCPA) regulations package. This modification ensures that businesses expediently address consumer requests and prevents excessive wait times for responses. The modification is necessary to align this provision with section 999.305, subsections (a)(3)©, (b)(3), and (b)(4). including, but not limited to, before downloading the application.” (Civ. This modification is necessary to clarify that a business has discretion to provide a link directing consumers to the notice in lieu of including the actual language of the notice in the application’s settings menu. These details are being released at a time when COVID mobile tracking data has become the newest privacy outrage for users — and several aspects of the guidance reads as a direct rejection of the guidance issued by the online advertising and analytics industry groups NAI and IAB, who previously gave their members a blessing to share/sell COVID mobile tracking data to other businesses, researchers and the government to support the pandemic tracking efforts. However, the AG’s responses to comments and Final Statements of Reasons accompanying the final rulemaking package provide guidance on the AG’s position on key ambiguities under the CCPA. (See Fed. The CCPA Reasons also provide some clarity for organizations that operate primarily offline and some assurances to consumers that the primary method they engage with a business needs to have a way to for them to utilize their rights. Subsection (a)(4) was added to address instances in which a business collects personal information from a consumer’s mobile device for purposes that the consumer would not reasonably expect. h�bbd```b``Y"W�I~�|D2u�ّ`�,� V�a��`RL��S`��@�%S ɸLH�O4g`bd`��������[email protected]� {�. The CCPA dumped responsibility for preventing that to the DOJ. h�b```�E,|Q� cb�H��������x��1�10T>��|@�� �!�u����'�gȷ�1Oml;���G��A܇k�Ӿ��V�t�9;\Hf�w��Jb}�$�(y`�� QvVf�ճ��:T�������� The PDF for the Final Statement of Reasons can be viewed here. The final version submitted is essentially identical to version three of the regs issued in early March 2020. It also includes a clarifying example. I’m on Twitter @ thezedwards for any questions or feedback. If the business declines to do so, the business can simply provide the consumer with a pre-formulated response with information on how to submit the request and remedy deficiencies. By requiring businesses to describe categories of third parties in a manner that is easily understood by consumers, these modifications implement a performance-based approach. The AG submitted the regulations to OAL for approval on June 1, 2020. The significant details in these sections should remove any doubt that these timing windows are essential for businesses to comply with CCPA. Under the CCPA guidance, businesses that “substantially interacts with consumers offline may satisfy the requirement that it use an offline method to provide notice to consumers by posting signage directing consumers to ‘where the notice can be found online.’”. Rather, as discussed above, services providers are expressly limited from retaining and using personal information. FINAL STATEMENT OF REASONS . (a), 1798.130, subd. Code, §§ 1798.100, 1798.105, 1798.110, 1798.115, 1798.120 [imposing obligations on businesses].) %PDF-1.6 %���� “Categories of third parties” has been clarified to mean types “or groupings of third parties with whom the business shares” personal information, rather than “types of entities that do not collect personal information directly from consumers.” The definition has also been modified to require a business to describe its categories of third parties “with enough particularity to provide consumers with a meaningful understanding of the type of third party.”. (a)(4)©.) Subsection (d)(5) has been modified in three ways. It is necessary to preserve the consumer’s ability to object to the use of their personal information for new purposes, particularly because the business already has their personal information. These modifications are necessary because entities with whom businesses share personal information may also collect personal information directly from consumers in other contexts. 0 Code, § 1798.140, subd. A business should test their own processes on a regular basis — if an organization fails to acknowledge receipt of a Request to Know / Delete within 10 business days, or fails to provide additional details within the first 45 day window, or the 45-day optional extension, that business is potentially in violation of CCPA. It also reduces the burden on businesses by streamlining the communication methods for receiving and confirming receipt of requests. %%EOF Subsection (d)(3) has been modified to allow a business to delay compliance with the consumer’s request to delete only with respect to personal information stored on an archived or backup system until the archived or backup system “relating to that data is restored to an active system or next accessed or used for a sale, disclosure, or commercial purpose.” This change was made in response to comments that were concerned that the initial proposed language “next accessed or used” would be burdensome because the next access or use may be for reasons unrelated to the consumer’s personal information, and that it would deter businesses from implementing reasonable data security practices and procedures because routine maintenance, general testing, or testing of disaster recovery protocols could trigger a deletion obligation. Subsection (a)(5) concerns restrictions on a business’s use of a consumer’s personal information for purposes other than those disclosed in the notice at collection. It informs the consumer that the business may have other personal information about them but assures them that this information is only maintained by the business in an unsearchable or inaccessible format, solely for legal or compliance purposes, and is not being used for the business’s commercial benefit. At long last, though, the final … For many of these organizations, there were concerns about restrictions being placed on their online forms — but it seems that a business will not be limited by the fields they request from people or authorized agents to complete the submissions. Technically, a household oftentimes shares an IP address range between the members of the household, which can be used as a persistent identifier by advertising and analytics companies. Service providers for public and nonprofit entities could also be asked to disclose personal information maintained by a government agency, despite the fact that such files may be expressly exempt from disclosure under the Public Records Act. By modifying the regulation to limit the compliance obligation for deleting personal information on backup systems to when those systems are restored or used for a sale, disclosure, or commercial purpose, the regulation lessens the burden on businesses. (v).) Several sections in the CCPA Reasons helped to clarify that businesses would not need to provide a notice of right to opt-out of data sales, if that business doesn’t sell data. One of the worst opinions in the CCPA Reasons, that will potentially lead to very long and invasive forms for Requests to Know/Delete, allows a business to create a global suppression list and “requires a business to maintain records of consumer requests and how the business responded for 24 months” and that the business “may retain a record of the request for the purpose of ensuring that the consumer’s personal information remains deleted from the business’s records.”. All businesses subject to the CCPA must now comply with both the statute and the regulations. The entire final article on “Severability” was removed from the regulations. The final implementing regulations take effect immediately. The proposed regulations are intended to “establish procedures to facilitate consumer’s new rights under the CCPA and provide guidance to businesses for how to comply.” While the CCPA’s statutory compliance date is January 1, 2020, the AG stated in a related press conference that July 1, 2020 is the expected date of final regulations and enforcement. ©(1)(e), 999.313, subd. (a)(1)(A)-(B).) There are several sections in the CCPA Reasons about providing discounts to consumers for their data. Anyone who has submitted a comment regarding the regulations has the right to … The final version is essentially identical to version three of the regulations released in early March 2020. Final Regulations Changes Subsection (a) has been modified in three ways. Consumers exercising their rights to make requests under the CCPA should not be hindered by unreasonable delays, and 45 calendar days provides businesses with sufficient time to provide the required response, especially considering that they can extend the time to respond by another 45 calendar days. Subsection (a)(5) is consistent with the language, intent, and purpose of the CCPA to provide consumers with greater control over their information and meaningful ability to exercise their CCPA rights. (b)(5).) The Final Statement of Reasons states that Section 999.315(d)(2) of the final rules requires businesses to accept Do Not Sell signals, when those signals are eventually developed. (See Civ. It’s probably appropriate to leave this loophole and wait for a business to abuse it, due to this probably being an underused loophole. First, the word “calendar” has been added to clarify that the time period to respond to requests to know and requests to delete is 45 calendar days. 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