Dec 01 2020

Consumer Rights under the CALIFORNIA PRIVACY RIGHTS ACT (CPRA) OF 2020

Category: Information PrivacyDISC @ 3:21 pm

Consumer Rights under the CALIFORNIA PRIVACY RIGHTS ACT (CPRA) OF 2020

Purpose and Intent. In enacting this Act, It is the purpose and intent of the people of the State of California to further protect consumers’ rights, including the constitutional right of privacy. The implementation of this Act shall be guided by the following principles:

Consumer Rights

  1. Consumers should know who is collecting their personal Information and that of their children, how it is being used, and to whom It is disclosed, so that they have the information necessary to exercise meaningful control over businesses’ use of their personal information and that of their children,
  2. Consumers should be able to control the use of their personal information, including limiting the use of their sensitive personal Information, the unauthorized use or disclosure of which creates a heightened risk of harm to the consumer, and they should have meaningful options over how it is collected, used, and disclosed.
  3. Consumers should have access to their personal information and should be able to correct it, delete it, and take it with them from one business to another.
  4. Consumers or their authorized agents should be able to exercise these options through easily accessible self-serve tools.
  5. Consumers should be able to exercise these rights without being penalized for doing so.
  6. Consumers should be able to hold businesses accountable for falling to take reasonable precautions to protect their most sensitive personal information from hackers and security breaches.
  7. Consumers should benefit from businesses’ use of their personal information.
  8. The privacy interests of employees and independent contractors should also be protected, taking into account the differences in the relationship between employees or independent contractors and businesses, as compared to the relationship between consumers and businesses. In addition, this law is not intended to interfere with the right to organize and collective bargaining under the National Labor Relations Act. It is the purpose and Intent of the Act to extend the exemptions in this title for employee and business to business communications until January 1, 2023

Adds a right to opt out of automated decision-making technology, in connection with decisions related to a consumer’s work performance, economic situation, health, personal preferences, interests, reliability, behavior, location or movements. Opt-out right explicitly extends to sharing of PI used for cross-context behavioral advertising.

Strengthens opt-in rights for minors. Extends the opt-in right to explicitly include the sharing of PI for behavioral advertising purposes. As with the opt-out right, businesses must wait 12 months before asking a minor for consent to sell or share his or her PI after the minor has declined to provide it.

For all inclusive details, download a pdf of THE CALIFORNIA PRIVACY RIGHTS ACT OF 2020 (Amendments to Version 3)

California Privacy Rights Act (CPRA): 10 Big Impacts on Your Business


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