This change benefits businesses by dispelling uncertainty and benefits consumers by preventing a business from re-collecting information that the consumer had previously requested it to delete. It also reduces the burden on businesses by streamlining the communication methods for receiving and confirming receipt of requests. The addendum to the Final Statement of Reasons (“FSOR”) explains that the section was unnecessary. (See Sections 999.301, subd. The DOJ basically dumped this question directly onto businesses by relying a lot on standards, instead of rules, for verifying consumers. (Civ. These and other interesting insights into the reasoning and thinking of the California AG for the revisions made to the regulations can be gleaned from the Final Statement of Reasons submitted to the California Office of Administrative Law, together with the final version of the … 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. Final Regulation Promulgated by OAL (August 14, 2020) Text of the Regulation Submitted to OAL (June 1, 2020) (Clean) Final Statement of Reasons (June 1, 2020) Appendix A – Final Statement of Reasons (June 1, 2020) Appendix B – Final Statement of Reasons (June 1, 2020) Appendix C – Final Statement of Reasons (June 1, 2020) Appendix D – Final Statement […] The CCPA imposes obligations on “businesses,” which excludes public and nonprofit entities. It benefits businesses by clarifying requirements for businesses and giving them the flexibility to shorten the language included in the actual application. 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. Many comments objected to the original text of subsection ©, claiming that the CCPA broadly authorizes service providers to retain and use personal information for any “business purpose.” But nothing in the CCPA allows a service provider to retain or use personal information for its own business purpose. Both IAB and NAI encouraged members to share any data valuable against fighting COVID in the Senate hearing that was not on video, via their written statements for the hearing “Enlisting Big Data in the Fight Against Coronavirus.”, It’s clear that organizations who buy/sell/share user data, need to get much more serious about user consent, the categories of collection they undertake, and their potential legal exposure from not requesting user consent for a material change in collection purpose — and the CCPA guidance makes it clear that “simply putting up a new notice on a website after a consumer has already provided personal information, when that consumer may be unlikely to revisit the website (and even more unlikely to revisit the notice), is not meaningful consumer notice.”. These modifications benefit businesses and consumers by providing clarity and transparency about businesses’ baseline obligations: businesses that state that they sell personal information must post a notice of right to opt-out, and businesses that do not sell personal information will affirmatively state so. This regulation offers consumers a global choice to opt-out of the sale of personal information, as opposed to going website by website to make individual requests with each business each time they use a new browser or a new device. This modification ensures that businesses expediently address consumer requests and prevents excessive wait times for responses. Do you have feedback or think I missed the mark on something? The final version submitted is essentially identical to version three of the regs issued in early March 2020. It also includes a clarifying example. This regulation is necessary to prevent businesses from designating obscure methods for the submission of consumer requests as a way of discouraging consumers from exercising their rights under the CCPA, while also providing businesses with flexibility to adopt methods that are compatible with their business practices. ©(1)(e), 999.313, subd. This Reason seems to be another section that will eventually encourage innovation and new privacy products. (See ISOR, pp. The final regulations largely match the final proposed regulations that California Attorney General Xavier Becerra submitted to the OAL in June. These modifications are necessary because entities with whom businesses share personal information may also collect personal information directly from consumers in other contexts. (See Civ. The subsection also includes an example that illustrates this requirement and provides guidance as to what may be considered a purpose that a consumer would not reasonably expect. The regs attempt to reconcile the amendments as well as to provide guidance on the rights and obligations of businesses, service providers and third parties under the CCPA. Mobile apps will be able to include a shorthand reference in their menu and provide links to read more about how the business collects personal information, instead of any required length or specific text. The data broker registry addresses this gap by publicly identifying specific businesses that may be selling the consumer’s personal information. & Prof. Code, § 22757, subd. (Civil Code § 1798.140, subds. Subsection ©(3)©, which requires that the business not sell the personal information or use it for any commercial purpose, applies a general fairness principle to ensure that a business that is not able or willing to disclose personal information to the consumer cannot profit or commercially benefit from that personal information. As already stated, the CCPA gives the OAG authority to promulgate regulations that further the purposes of the CCPA. into a cold storage location and only accessing it once a year to batch delete any customer requests. The final version is essentially identical to version three of the regulations released in early March 2020. The final implementing regulations are similar to the If you are an organization who has been using existing mobile location data from apps or SDKs and selling/sharing or using that data in any way to support COVID tracking efforts, that seems to be a significant CCPA violation without requesting permission from users for that new purpose. Accordingly, the definition of “categories of third parties” has been modified to clarify this point. 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. The change is necessary to ensure that the term does not encompass persons with only a transitory relationship to a dwelling or a tenuous connection to another resident. These modifications also provide more guidance to businesses concerning the information they are required to provide to consumers, especially when responding to a request to know. This change benefits businesses because businesses will not be required to inform consumers of immaterial changes. Section 999.306, subsection (d), also provides that a business that does not sell personal information does not need to provide a notice of right to opt-out if it states so in its privacy policy. 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. 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