During the rulemaking process, the Office of the Attorney General was requested to clarify that a business is not required to search for, and produce, “unstructured data” such as paper records in response to an access request.1 The Attorney General declined the request, stating that the exclusion of “all unstructured data is not as
While the CPRA deferred a majority of the CCPA’s employee-related substantive requirements until Jan. 1, 2023, employers are still required to provide employees with a notice at collection.[1] As a result, since Jan. 1, 2020, a notice at collection, which must be provided “at or before the point at which” the collection of information
The EU General Data Protection Regulation and the California Consumer Privacy Act took different paths to come into existence, but as Greenberg Traurig Co-Chair, U.S. Data, Privacy & Cybersecurity David Zetoony writes, the two bills are still related. Zetoony looks back at the creation of the bills, and explains that when looking at future privacy
A law firm may be considered a service provider under the CCPA to the extent that a written contract between the law firm and its client (e.g., an engagement letter) prohibits the law firm from using, retaining, and disclosing personal information except to the extent permitted by the client. As the CCPA only requires that
A law firm may be considered a service provider under the CCPA to the extent that a written contract between the law firm and its client (e.g., an engagement letter) prohibits the law firm from using, retaining, and disclosing personal information except to the extent permitted by the client. The CCPA only requires that a
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While the CCPA confers a right to access, the right predates the CCPA and can be found within other laws within the United States. For example, the Health Insurance Portability and Accountability Act (HIPAA), which was adopted in 1996, allows consumers to request their medical records.[1] Similarly the Family and Educational Rights and
The CPRA, which modified the CCPA, uses the term “right to know” and “right to access” synonymously.1 The regulations implementing the CCPA use the phrase “request to know” exclusively. Most data privacy attorneys use the term “access rights” and requests for such information as “access requests,” as those terms have historically been used within
The CCPA and its implementing regulations identify six types of information requests that a consumer can submit to a business. As the first five requests ask that a business respond with broad information about the type of information collected (as opposed to the actual information itself), they are often referred to as category-level access requests.
The CCPA permits consumers to “institute a civil action” only where certain types of personal information are “subject to an unauthorized access and exfiltration, theft, or disclosure.”1 The CCPA does not provide a private right of action, nor does it provide statutory damages, if a business violates its obligation to provide notice concerning its