The regulations implementing the CCPA require that a business verify the identity of a consumer that submits a specific-information access request to a “reasonably high degree of certainty.”[1] The regulations provide as an example matching three pieces of personal information provided by the consumer with three pieces of personal information maintained by the business
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.
In order to help businesses understand and benchmark industry practice, Greenberg Traurig attorneys analyzed the publicly available privacy policies of companies within the Fortune 500.[1] As of October 2022 – nearly two years after the CCPA took effect – 71% of companies had updated their privacy policies to account for the CCPA.[2] It
After Europe blazed the trail by passing the sweeping General Data Protection Regulation (“GDPR”) in 2016, California followed closely in the footsteps of European efforts by passing the most comprehensive data privacy law in the United States, the California Consumer Privacy Act (the “CCPA”). Effective January 1, 2020, the CCPA provided a number of obligations
Some modern data privacy statutes mandate that organizations allow third parties – who are authorized by a data subject – to submit access, deletion, correction, or other requests on behalf of a consumer. Such third parties are sometimes referred to as “authorized agents” – a term created by the regulations implementing the CCPA. The following
Several modern state data privacy statutes refer to precise geolocation information as a “sensitive” category of personal information. What constitutes precise geolocation information differs slightly between and among states. The following table provides a side-by-side comparison of the how the states have defined the term.
| Click here for a side-by-side comparison of the how the |
Most modern state data privacy laws exempt from their definition of personal information “publicly available information.” What constitutes publicly available information differs between state privacy laws and may not correlate to the lay definition understood by many businesses and individuals. For example, while some businesses may consider information available on the internet “publicly available information
Modern state privacy laws mandate that agreements with service providers or processors contain specific contractual provisions to govern the parties’ relationship. Which provisions should be included in a vendor agreement, however, differ by state statute. In addition, some state privacy laws impose statutory obligations upon vendors that do not necessarily need to be memorialized in
The CCPA’s (California Consumer Privacy Act) exemption on human resources (HR) and business-to-business (B2B) personal information expires on January 1, 2023 when the CPRA takes effect. Unlike the other new state privacy laws effective in 2023, the CPRA will apply to personal information that a business collects from its employees, job applicants, independent contractors and
Modern state privacy laws confer upon individuals the ability to ask for their personal information to be deleted. Statutes differ, however, in the scope of the “deletion right.” For example, some states only permit consumers to request the deletion of personal information that the consumer provided to the organization (allowing the organization to keep personal