CCPA

CCPA
The California Consumer Privacy Act
Assembly Bill No. 375 (2017–18)
Senate Bill No. 1121 (2017–18)
Assembly Bill No. 25 (2019–20)
Assembly
Bill No. 874 (2019–20)
Assembly
Bill No. 1146 (2019–20)
Assembly Bill No. 1355 (2019–20)
Assembly Bill No. 1564 (2019–20)
SECTION 1.
This measure shall be known and may be cited as “The
California Consumer Privacy Act of 2018.”
SEC. 2. The Legislature finds and declares that:
(a)
In 1972, California voters amended the California
Constitution to include the right of privacy among the “inalienable” rights of
all people. The amendment established a legal and enforceable right of privacy
for every Californian. Fundamental to this right of privacy is the ability of
individuals to control the use, including the sale, of their personal
information.
(b)
Since California voters approved the right of privacy,
the California Legislature has adopted specific mechanisms to safeguard
Californians’ privacy, including the Online Privacy Protection Act, the Privacy
Rights for California Minors in the Digital World Act, and Shine the Light, a
California law intended to give Californians the ‘who, what, where, and when’
of how businesses handle consumers’ personal information.
(c)
At the same time, California is one of the world’s
leaders in the development of new technologies and related industries. Yet the
proliferation of personal information has limited Californians’ ability to
properly protect and safeguard their privacy. It is almost impossible to apply
for a job, raise a child, drive a car, or make an appointment without sharing
personal information.
(d)
As the role of technology and data in
the
every
daily lives of consumers increases, there is an increase in the
amount of personal information shared by consumers with businesses. California
law has not kept pace with these developments and the personal privacy
implications surrounding the collection, use, and protection of personal
information.
(e)
Many businesses collect personal information from
California consumers. They may know where a consumer lives and how many
children a consumer has, how fast a consumer drives, a consumer’s personality,
sleep habits, biometric and health information, financial information, precise
geolocation information, and social networks, to name a few categories.
(f)
The unauthorized disclosure of personal information and
the loss of privacy can have devastating effects for individuals, ranging from
financial fraud, identity theft, and unnecessary costs to personal time and
finances, to destruction of property, harassment, reputational damage,
emotional stress, and even potential physical harm.
(g)
In March 2018, it came to light that tens of millions of
people had their personal data misused by a data mining firm called Cambridge
Analytica. A series of congressional hearings highlighted that our personal
information may be vulnerable to misuse when shared on the Internet. As a
result, our desire for privacy controls and transparency in data practices is
heightened.
(h)
People desire privacy and more control over their
information. California consumers should be able to exercise control over their
personal information, and they want to be certain that there are safeguards
against misuse of their personal information. It is possible for businesses
both to respect consumers’ privacy and provide a
high level
transparency to their business practices.
) Therefore, it is the intent of
the Legislature to further Californians’ right to privacy by giving consumers
an effective way to control their personal information, by ensuring the
following rights:
(1)
The right of Californians to know what personal information
is being collected about them.
(2)
The right of Californians to know whether their personal
information is sold or disclosed and to whom.
(3)
The right of Californians to say no to the sale of personal
information.
(4)
The right of Californians to access their personal
information.
(5)
The right of Californians to equal service and price, even if
they exercise their privacy rights.
SEC. 3. Title 1.81.5 (commencing with Section 1798.100)
is added to Part 4 of Division 3 of the Civil Code, to read:
1798.100
(a)
consumer
shall have the right to request that a
business
that
collects
consumer
’s
personal information
disclose to that
consumer
the categories and specific pieces of
personal information
the
business
has
collected
(b)
business
that
collects
consumer
’s
personal information
shall, at or before the point of
collection
, inform
consumer
s as to the categories of
personal information
to be
collected
and the purposes for which the categories of
personal information
shall be used. A
business
shall not
collect
additional categories of
personal information
or use
personal information
collected
for additional purposes without providing the
consumer
with notice consistent with this section.
(c)
business
shall provide the information specified in subdivision (a) to a
consumer
only upon receipt of a
verifiable
consumer
request
(d)
business
that receives a
verifiable
consumer
request
from a
consumer
to access
personal information
shall promptly take steps to disclose and deliver, free of charge to the
consumer
, the
personal information
required by this section. The information may be delivered by mail or electronically, and if provided electronically, the information shall be in a portable and, to the extent technically feasible, readily useable format that allows the
consumer
to transmit this information to another entity without hindrance. A
business
may provide
personal information
to a
consumer
at any time, but shall not be required to provide
personal information
to a
consumer
more than twice in a 12-month period.
(e)
This section shall not require a
business
to retain any
personal information
collected
for a single, one-time transaction, if such information is not
sold
or retained by the
business
or to reidentify or otherwise link information that is not maintained in a manner that would be considered
personal information
1798.105
(a)
consumer
shall have the right to request that a
business
delete any
personal information
about the
consumer
which the
business
has
collected
from the
consumer
(b)
business
that
collects
personal information
about
consumer
s shall disclose, pursuant to Section
1798.130
, the
consumer
’s rights to request the deletion of the
consumer
’s
personal information
(c)
business
that receives a
verifiable
consumer
request
from a
consumer
to delete the
consumer
’s
personal information
pursuant to subdivision (a) of this section shall delete the
consumer
’s
personal information
from its records and direct any
service provider
s to delete the
consumer
’s
personal information
from their records.
(d)
business
or a
service provider
shall not be required to comply with a
consumer
’s request to delete the
consumer
’s
personal information
if it is necessary for the
business
or
service provider
to maintain the
consumer
’s
personal information
in order to:
(1)
Complete the transaction for which the
personal information
was
collected
, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or
service
requested by the
consumer
, or reasonably anticipated within the context of a
business
’ ongoing
business
relationship with the
consumer
, or otherwise perform a contract between the
business
and the
consumer
(2)
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
(3)
Debug to identify and repair errors that impair existing intended functionality.
(4)
Exercise free speech, ensure the right of another
consumer
to exercise that
consumer
’s right of free speech, or exercise another right provided for by law.
(5)
Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
(6)
Engage in public or peer-reviewed scientific, historical, or statistical
research
in the public interest that adheres to all other applicable ethics and privacy laws, when the
business
’ deletion of the information is likely to render impossible or seriously impair the achievement of such
research
, if the
consumer
has provided informed consent.
(7)
To enable solely internal uses that are reasonably aligned with the expectations of the
consumer
based on the
consumer
’s relationship with the
business
(8)
Comply with a legal obligation.
(9)
Otherwise use the
consumer
’s
personal information
, internally, in a lawful manner that is compatible with the context in which the
consumer
provided the information.
1798.110
(a)
consumer
shall have the right to request that a
business
that
collects
personal information
about the
consumer
disclose to the
consumer
the following:
(1)
The categories of
personal information
it has
collected
about that
consumer
(2)
The categories of sources from which the
personal information
is
collected
(3)
The
business
or commercial purpose for
collect
ing or
selling
personal information
(4)
The categories of third parties with whom the
business
shares
personal information
(5)
The specific pieces of
personal information
it has
collected
about that
consumer
(b)
business
that
collects
personal information
about a
consumer
shall disclose to the
consumer
, pursuant to paragraph (3) of subdivision (a) of Section
1798.130
, the information specified in subdivision (a) upon receipt of a
verifiable
consumer
request
from the
consumer
(c)
business
that
collects
personal information
about
consumer
s shall disclose, pursuant to subparagraph (B) of paragraph (5) of subdivision (a) of Section
1798.130
(1)
The categories of
personal information
it has
collected
about
consumer
s.
(2)
The categories of sources from which the
personal information
is
collected
(3)
The
business
or commercial purpose for
collect
ing or
selling
personal information
(4)
The categories of third parties with whom the
business
shares
personal information
(5)
That a
consumer
has the right to request the specific pieces of
personal information
the
business
has
collected
about that
consumer
(d)
This section does not require a
business
to do the following:
(1)
Retain any
personal information
about a
consumer
collected
for a single one-time transaction if, in the ordinary course of
business
, that information about the
consumer
is not retained.
(2)
Reidentify or otherwise link any data that, in the ordinary course of
business
, is not maintained in a manner that would be considered
personal information
1798.115
(a)
consumer
shall have the right to request that a
business
that
sell
s the
consumer
’s
personal information
, or that discloses it for a
business purpose
, disclose to that
consumer
(1)
The categories of
personal information
that the
business
collected
about the
consumer
(2)
The categories of
personal information
that the
business
sold
about the
consumer
and the categories of third parties to whom the
personal information
was
sold
, by category or categories of
personal information
for each category of third parties to whom the
personal information
was
sold
(3)
The categories of
personal information
that the
business
disclosed about the
consumer
for a
business purpose
(b)
business
that
sell
personal information
about a
consumer
, or that discloses a
consumer
’s
personal information
for a
business purpose
, shall disclose, pursuant to paragraph (4) of subdivision (a) of Section
1798.130
, the information specified in subdivision (a) to the
consumer
upon receipt of a
verifiable
consumer
request
from the
consumer
(c)
business
that
sell
consumer
s’
personal information
, or that discloses
consumer
s’
personal information
for a
business purpose
, shall disclose, pursuant to subparagraph (C) of paragraph (5) of subdivision (a) of Section
1798.130
(1)
The category or categories of
consumer
s’
personal information
it has
sold
, or if the
business
has not
sold
consumer
s’
personal information
, it shall disclose that fact.
(2)
The category or categories of
consumer
s’
personal information
it has disclosed for a
business purpose
, or if the
business
has not disclosed the
consumer
s’
personal information
for a
business purpose
, it shall disclose that fact.
(d)
third party
shall not
sell
personal information
about a
consumer
that has been
sold
to the
third party
by a
business
unless the
consumer
has received explicit notice and is provided an opportunity to exercise the right to opt-out pursuant to Section
1798.120
1798.120
(a)
consumer
shall have the right, at any time, to direct a
business
that
sell
personal information
about the
consumer
to third parties not to
sell
the
consumer
’s
personal information
. This right may be referred to as the right to opt-out.
(b)
business
that
sell
consumer
s’
personal information
to third parties shall provide notice to
consumer
s, pursuant to subdivision (a) of Section
1798.135
, that this information may be
sold
and that
consumer
s have the “right to opt-out” of the
sale
of their
personal information
(c)
Notwithstanding subdivision (a), a
business
shall not
sell
the
personal information
of
consumer
s if the
business
has actual knowledge that the
consumer
is less than 16 years of age, unless the
consumer
, in the case of
consumer
s at least 13 years of age and less than 16 years of age, or the
consumer
’s parent or guardian, in the case of
consumer
s who are less than 13 years of age, has affirmatively authorized the
sale
of the
consumer
’s
personal information
. A
business
that willfully disregards the
consumer
’s age shall be deemed to have had actual knowledge of the
consumer
’s age. This right may be referred to as the “right to opt-in.”
(d)
business
that has received direction from a
consumer
not to
sell
the
consumer
’s
personal information
or, in the case of a minor
consumer
’s
personal information
has not received consent to
sell
the minor
consumer
’s
personal information
shall be prohibited, pursuant to paragraph (4) of subdivision (a) of Section
1798.135
, from
selling
the
consumer
’s
personal information
after its receipt of the
consumer
’s direction, unless the
consumer
subsequently provides express authorization for the
sale
of the
consumer
’s
personal information
1798.125
(a)
(1)
business
shall not discriminate against a
consumer
because the
consumer
exercised any of the
consumer
’s rights under this title, including, but not limited to, by:
(A)
Denying goods or
services
to the
consumer
(B)
Charging different prices or rates for goods or
services
, including through the use of discounts or other benefits or imposing penalties.
(C)
Providing a different level or quality of goods or
services
to the
consumer
(D)
Suggesting that the
consumer
will receive a different price or rate for goods or
services
or a different level or quality of goods or
services
(2)
Nothing in this subdivision prohibits a
business
from charging a
consumer
a different price or rate, or from providing a different level or quality of goods or
services
to the
consumer
, if that difference is reasonably related to the value provided to the
business
by the
consumer
’s data.
(b)
(1)
business
may offer financial incentives, including payments to
consumer
s as compensation, for the
collection
of
personal information
, the
sale
of
personal information
, or the deletion of
personal information
. A
business
may also offer a different price, rate, level, or quality of goods or
services
to the
consumer
if that price or difference is directly related to the value provided to the
business
by the
consumer
’s data.
(2)
business
that offers any financial incentives pursuant to this subdivision shall notify
consumer
s of the financial incentives pursuant to Section
1798.130
(3)
business
may enter a
consumer
into a financial incentive program only if the
consumer
gives the
business
prior opt-in consent pursuant to Section
1798.130
that clearly describes the material terms of the financial incentive program, and which may be revoked by the
consumer
at any time.
(4)
business
shall not use financial incentive practices that are unjust, unreasonable, coercive, or usurious in nature.
1798.130
(a)
In order to comply with Sections
1798.100
1798.105
1798.110
1798.115
, and
1798.125
, a
business
shall, in a form that is reasonably accessible to
consumer
s:
(1)
(A)
Make available to
consumer
s two or more
designated methods for submitting requests
for information required to be disclosed pursuant to Sections
1798.110
and
1798.115
, including, at a minimum, a toll-free telephone number. A
business
that operates exclusively online and has a direct relationship with a
consumer
from whom it
collects
personal information
shall only be required to provide an email address for submitting requests for information required to be disclosed pursuant to Sections
1798.110
and
1798.115
(B)
If the
business
maintains an internet website, make the internet website available to
consumer
s to submit requests for information required to be disclosed pursuant to Sections
1798.110
and
1798.115
(2)
Disclose and deliver the required information to a
consumer
free of charge within 45 days of receiving a
verifiable
consumer
request
from the
consumer
. The
business
shall promptly take steps to determine whether the request is a
verifiable
consumer
request
, but this shall not extend the
business
’ duty to disclose and deliver the information within 45 days of receipt of the
consumer
’s request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary, provided the
consumer
is provided notice of the extension within the first 45-day period. The disclosure shall cover the 12-month period preceding the
business
’ receipt of the
verifiable
consumer
request
and shall be made in writing and delivered through the
consumer
’s account with the
business
, if the
consumer
maintains an account with the
business
, or by mail or electronically at the
consumer
’s option if the
consumer
does not maintain an account with the
business
, in a readily useable format that allows the
consumer
to transmit this information from one entity to another entity without hindrance. The
business
may require authentication of the
consumer
that is reasonable in light of the nature of the
personal information
requested, but shall not require the
consumer
to create an account with the
business
in order to make a
verifiable
consumer
request
. If the
consumer
maintains an account with the
business
, the
business
may require the
consumer
to submit the request through that account.
(3)
For purposes of subdivision (b) of Section
1798.110
(A)
To identify the
consumer
, associate the information provided by the
consumer
in the
verifiable
consumer
request
to any
personal information
previously
collected
by the
business
about the
consumer
(B)
Identify by category or categories the
personal information
collected
about the
consumer
in the preceding 12 months by reference to the enumerated category or categories in subdivision (c) that most closely describes the
personal information
collected
(4)
For purposes of subdivision (b) of Section
1798.115
(A)
Identify the
consumer
and associate the information provided by the
consumer
in the
verifiable
consumer
request
to any
personal information
previously
collected
by the
business
about the
consumer
(B)
Identify by category or categories the
personal information
of the
consumer
that the
business
sold
in the preceding 12 months by reference to the enumerated category in subdivision (c) that most closely describes the
personal information
, and provide the categories of third parties to whom the
consumer
’s
personal information
was
sold
in the preceding 12 months by reference to the enumerated category or categories in subdivision (c) that most closely describes the
personal information
sold
. The
business
shall disclose the information in a list that is separate from a list generated for the purposes of subparagraph (C).
(C)
Identify by category or categories the
personal information
of the
consumer
that the
business
disclosed for a
business purpose
in the preceding 12 months by reference to the enumerated category or categories in subdivision (c) that most closely describes the
personal information
, and provide the categories of third parties to whom the
consumer
’s
personal information
was disclosed for a
business purpose
in the preceding 12 months by reference to the enumerated category or categories in subdivision (c) that most closely describes the
personal information
disclosed. The
business
shall disclose the information in a list that is separate from a list generated for the purposes of subparagraph (B).
(5)
Disclose the following information in its online privacy policy or policies if the
business
has an online privacy policy or policies and in any California-specific description of
consumer
s’ privacy rights, or if the
business
does not maintain those policies, on its internet website and update that information at least once every 12 months:
(A)
A description of a
consumer
’s rights pursuant to Sections
1798.100
1798.105
1798.110
1798.115
, and
1798.125
and one or more
designated methods for submitting requests
(B)
For purposes of subdivision (c) of Section
1798.110
, a list of the categories of
personal information
it has
collected
about
consumer
s in the preceding 12 months by reference to the enumerated category or categories in subdivision (c) that most closely describe the
personal information
collected
(C)
For purposes of paragraphs (1) and (2) of subdivision (c) of Section
1798.115
, two separate lists:
(i)
A list of the categories of
personal information
it has
sold
about
consumer
s in the preceding 12 months by reference to the enumerated category or categories in subdivision (c) that most closely describe the
personal information
sold
, or if the
business
has not
sold
consumer
s’
personal information
in the preceding 12 months, the
business
shall disclose that fact.
(ii)
A list of the categories of
personal information
it has disclosed about
consumer
s for a
business purpose
in the preceding 12 months by reference to the enumerated category in subdivision (c) that most closely describe the
personal information
disclosed, or if the
business
has not disclosed
consumer
s’
personal information
for a
business purpose
in the preceding 12 months, the
business
shall disclose that fact.
(6)
Ensure that all individuals responsible for handling
consumer
inquiries about the
business
’ privacy practices or the
business
’ compliance with this title are informed of all requirements in Sections
1798.100
1798.105
1798.110
1798.115
, and
1798.125
, and this section, and how to direct
consumer
s to exercise their rights under those sections.
(7)
Use any
personal information
collected
from the
consumer
in connection with the
business
’ verification of the
consumer
’s request solely for the purposes of verification.
(b)
business
is not obligated to provide the information required by Sections
1798.110
and
1798.115
to the same
consumer
more than twice in a 12-month period.
(c)
The categories of
personal information
required to be disclosed pursuant to Sections
1798.110
and
1798.115
shall follow the definition of
personal information
in Section
1798.140
1798.135
(a)
business
that is required to comply with Section
1798.120
shall, in a form that is reasonably accessible to
consumer
s:
(1)
Provide a clear and conspicuous link on the
business
’s Internet
homepage
, titled “Do Not
Sell
My
Person
al Information,” to an Internet Web page that enables a
consumer
, or a
person
authorized by the
consumer
, to opt-out of the
sale
of the
consumer
’s
personal information
. A
business
shall not require a
consumer
to create an account in order to direct the
business
not to
sell
the
consumer
’s
personal information
(2)
Include a description of a
consumer
’s rights pursuant to Section
1798.120
, along with a separate link to the “Do Not
Sell
My
Person
al Information” Internet Web page in:
(A)
Its online privacy policy or policies if the
business
has an online privacy policy or policies.
(B)
Any California-specific description of
consumer
s’ privacy rights.
(3)
Ensure that all individuals responsible for handling
consumer
inquiries about the
business
’s privacy practices or the
business
’s compliance with this title are informed of all requirements in Section
1798.120
and this section and how to direct
consumer
s to exercise their rights under those sections.
(4)
For
consumer
s who exercise their right to opt-out of the
sale
of their
personal information
, refrain from
selling
personal information
collected
by the
business
about the
consumer
(5)
For a
consumer
who has opted-out of the
sale
of the
consumer
’s
personal information
, respect the
consumer
’s decision to opt-out for at least 12 months before requesting that the
consumer
authorize the
sale
of the
consumer
’s
personal information
(6)
Use any
personal information
collected
from the
consumer
in connection with the submission of the
consumer
’s opt-out request solely for the purposes of complying with the opt-out request.
(b)
Nothing in this title shall be construed to require a
business
to comply with the title by including the required links and text on the
homepage
that the
business
makes available to the public generally, if the
business
maintains a separate and additional
homepage
that is dedicated to California
consumer
s and that includes the required links and text, and the
business
takes reasonable steps to ensure that California
consumer
s are directed to the
homepage
for California
consumer
s and not the
homepage
made available to the public generally.
(c)
consumer
may authorize another
person
solely to opt-out of the
sale
of the
consumer
’s
personal information
on the
consumer
’s behalf, and a
business
shall comply with an opt-out request received from a
person
authorized by the
consumer
to act on the
consumer
’s behalf, pursuant to regulations adopted by the Attorney General.
1798.140
For purposes of this title:
(a)
“Aggregate
consumer
information” means information that relates to a group or category of
consumer
s, from which individual
consumer
identities have been removed, that is not linked or reasonably linkable to any
consumer
or household, including via a
device
. “Aggregate
consumer
information” does not mean one or more individual
consumer
records that have been
deidentified
(b)
Biometric information
” means an individual’s physiological, biological, or behavioral characteristics, including an individual’s deoxyribonucleic acid (DNA), that can be used, singly or in combination with each other or with other identifying data, to establish individual identity.
Biometric information
includes, but is not limited to, imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information.
(c)
“Business” means:
(1)
A sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity that is organized or operated for the profit or financial benefit of its shareholders or other owners that
collects
consumer
s’
personal information
or on the behalf of which that information is
collected
and that alone, or jointly with others, determines the purposes and means of the
processing
of
consumer
s’
personal information
, that does
business
in the State of California, and that satisfies one or more of the following thresholds:
(A)
Has annual gross revenues in excess of twenty-five million dollars ($25,000,000), as adjusted pursuant to paragraph (5) of subdivision (a) of Section
1798.185
(B)
Alone or in combination, annually buys, receives for the
business
’s
commercial purposes
sell
s, or shares for
commercial purposes
, alone or in combination, the
personal information
of 50,000 or more
consumer
s, households, or
device
s.
(C)
Derives 50 percent or more of its annual revenues from
selling
consumer
s’
personal information
(2)
Any entity that
control
s or is
control
led
by a
business
as defined in paragraph (1) and that shares
common branding
with the
business
. “Control” or “
control
led
” means ownership of, or the power to vote, more than 50 percent of the outstanding shares of any class of voting security of a
business
control
in any manner over the election of a majority of the directors, or of individuals exercising similar functions; or the power to exercise a
control
ling influence over the management of a company. “Common branding” means a shared name,
service
mark, or trademark.
(d)
“Business purpose” means the use of
personal information
for the
business
’s or a
service provider
’s operational purposes, or other notified purposes, provided that the use of
personal information
shall be reasonably necessary and proportionate to achieve the operational purpose for which the
personal information
was
collected
or processed or for another operational purpose that is compatible with the context in which the
personal information
was
collected
. Business purposes are:
(1)
Auditing related to a current interaction with the
consumer
and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
(2)
Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
(3)
Debugging to identify and repair errors that impair existing intended functionality.
(4)
Short-term, transient use, provided that the
personal information
is not disclosed to another
third party
and is not used to build a profile about a
consumer
or otherwise alter an individual
consumer
’s experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction.
(5)
Performing
services
on behalf of the
business
or
service provider
, including maintaining or servicing accounts, providing customer
service
processing
or fulfilling orders and transactions, verifying customer information,
processing
payments, providing financing, providing advertising or marketing
services
, providing analytic
services
, or providing similar
services
on behalf of the
business
or
service provider
(6)
Undertaking internal
research
for technological development and demonstration.
(7)
Undertaking activities to verify or maintain the quality or safety of a
service
or
device
that is owned, manufactured, manufactured for, or
control
led
by the
business
, and to improve, upgrade, or enhance the
service
or
device
that is owned, manufactured, manufactured for, or
control
led
by the
business
(e)
Collects
,” “
collected
,” or “
collection
” means buying, renting, gathering, obtaining, receiving, or accessing any
personal information
pertaining to a
consumer
by any means. This includes receiving information from the
consumer
, either actively or passively, or by observing the
consumer
’s behavior.
(f)
Commercial purposes
” means to advance a person’s commercial or economic interests, such as by inducing another
person
to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or
services
, or enabling or effecting, directly or indirectly, a commercial transaction. “
Commercial purposes
” do not include for the purpose of engaging in speech that state or federal courts have recognized as noncommercial speech, including political speech and journalism.
(g)
Consumer
” means a natural
person
who is a California resident, as defined in Section 17014 of Title 18 of the California Code of Regulations, as that section read on September 1, 2017, however identified, including by any
unique identifier
(h)
Deidentified
” means information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular
consumer
, provided that a
business
that uses
deidentified
information:
(1)
Has implemented technical safeguards that prohibit reidentification of the
consumer
to whom the information may pertain.
(2)
Has implemented
business
processes that specifically prohibit reidentification of the information.
(3)
Has implemented
business
processes to prevent inadvertent release of
deidentified
information.
(4)
Makes no attempt to reidentify the information.
(i)
Designated methods for submitting requests
” means a mailing address, email address, internet web page, internet web portal, toll-free telephone number, or other applicable contact information, whereby
consumer
s may submit a request or direction under this title, and any new,
consumer
-friendly means of contacting a
business
, as approved by the Attorney General pursuant to Section
1798.185
(j)
Device
” means any physical object that is capable of connecting to the internet, directly or indirectly, or to another
device
(k)
Health insurance information
” means a
consumer
’s insurance policy number or subscriber identification number, any
unique identifier
used by a health insurer to identify the
consumer
, or any information in the
consumer
’s application and claims history, including any appeals records, if the information is linked or reasonably linkable to a
consumer
or household, including via a
device
, by a
business
or
service provider
(l)
Homepage
” means the introductory page of an internet website and any internet web page where
personal information
is
collected
. In the case of an online
service
, such as a mobile application,
homepage
means the application’s platform page or download page, a link within the application, such as from the application configuration, “About,” “Information,” or settings page, and any other location that allows
consumer
s to review the notice required by subdivision (a) of Section
1798.135
, including, but not limited to, before downloading the application.
(m)
Infer
” or “
inference
” means the derivation of information, data, assumptions, or conclusions from facts, evidence, or another source of information or data.
(n)
Person
” means an individual, proprietorship, firm, partnership, joint venture, syndicate,
business
trust, company, corporation, limited liability company, association, committee, and any other organization or group of
persons
acting in concert.
(o)
(1)
Personal information
” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular
consumer
or household.
Personal information
includes, but is not limited to, the following if it identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular
consumer
or household:
(A)
Identifiers such as a real name, alias, postal address,
unique personal identifier
, online identifier, internet protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
(B)
Any categories of
personal information
described in subdivision (e) of Section 1798.80.
(C)
Characteristics of protected classifications under California or federal law.
(D)
Commercial information, including records of personal property, products or
services
purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
(E)
Biometric information
(F)
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a
consumer
’s interaction with an internet website, application, or advertisement.
(G)
Geolocation data.
(H)
Audio, electronic, visual, thermal, olfactory, or similar information.
(I)
Professional or employment-related information.
(J)
Education information, defined as information that is not
publicly available
personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99).
(K)
Inference
s drawn from any of the information identified in this subdivision to create a profile about a
consumer
reflecting the
consumer
’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
(2)
Personal information
” does not include
publicly available
information. For purposes of this paragraph, “
publicly available
” means information that is lawfully made available from federal, state, or local government records. “Publicly available” does not mean
biometric information
collected
by a
business
about a
consumer
without the
consumer
’s knowledge.
(3)
Personal information
” does not include
consumer
information that is
deidentified
or
aggregate
consumer
information
(p)
Probabilistic identifier
” means the identification of a
consumer
or a
device
to a degree of certainty of more probable than not based on any categories of
personal information
included in, or similar to, the categories enumerated in the definition of
personal information
(q)
Processing
” means any operation or set of operations that are performed on personal data or on sets of personal data, whether or not by automated means.
(r)
Pseudonymize
” or “Pseudonymization” means the
processing
of
personal information
in a manner that renders the
personal information
no longer attributable to a specific
consumer
without the use of additional information, provided that the additional information is kept separately and is subject to technical and organizational measures to ensure that the
personal information
is not attributed to an identified or identifiable
consumer
(s)
Research
” means scientific, systematic study and observation, including basic
research
or applied
research
that is in the public interest and that adheres to all other applicable ethics and privacy laws or studies conducted in the public interest in the area of public health.
Research
with
personal information
that may have been
collected
from a
consumer
in the course of the
consumer
’s interactions with a
business
’s
service
or
device
for other purposes shall be:
(1)
Compatible with the
business purpose
for which the
personal information
was
collected
(2)
Subsequently
pseudonymize
d and
deidentified
, or
deidentified
and in the aggregate, such that the information cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular
consumer
(3)
Made subject to technical safeguards that prohibit reidentification of the
consumer
to whom the information may pertain.
(4)
Subject to
business
processes that specifically prohibit reidentification of the information.
(5)
Made subject to
business
processes to prevent inadvertent release of
deidentified
information.
(6)
Protected from any reidentification attempts.
(7)
Used solely for
research
purposes that are compatible with the context in which the
personal information
was
collected
(8)
Not be used for any commercial purpose.
(9)
Subjected by the
business
conducting the
research
to additional security
control
s that limit access to the
research
data to only those individuals in a
business
as are necessary to carry out the
research
purpose.
(t)
(1)
Sell
,” “
selling
,” “
sale
,” or “
sold
,” means
selling
, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a
consumer
’s
personal information
by the
business
to another
business
or a
third party
for monetary or other valuable consideration.
(2)
For purposes of this title, a
business
does not
sell
personal information
when:
(A)
consumer
uses or directs the
business
to intentionally disclose
personal information
or uses the
business
to intentionally interact with a
third party
, provided the
third party
does not also
sell
the
personal information
, unless that disclosure would be consistent with the provisions of this title. An intentional interaction occurs when the
consumer
intends to interact with the
third party
, via one or more deliberate interactions. Hovering over, muting, pausing, or closing a given piece of content does not constitute a
consumer
’s intent to interact with a
third party
(B)
The
business
uses or shares an identifier for a
consumer
who has opted out of the
sale
of the
consumer
’s
personal information
for the purposes of alerting third parties that the
consumer
has opted out of the
sale
of the
consumer
’s
personal information
(C)
The
business
uses or shares with a
service provider
personal information
of a
consumer
that is necessary to perform a
business purpose
if both of the following conditions are met:
(i)
The
business
has provided notice of that information being used or shared in its terms and conditions consistent with Section
1798.135
(ii)
The
service provider
does not further
collect
sell
, or use the
personal information
of the
consumer
except as necessary to perform the
business purpose
(D)
The
business
transfers to a
third party
the
personal information
of a
consumer
as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the
third party
assumes
control
of all or part of the
business
, provided that information is used or shared consistently with Sections
1798.110
and
1798.115
. If a
third party
materially alters how it uses or shares the
personal information
of a
consumer
in a manner that is materially inconsistent with the promises made at the time of
collection
, it shall provide prior notice of the new or changed practice to the
consumer
. The notice shall be sufficiently prominent and robust to ensure that existing
consumer
s can easily exercise their choices consistently with Section
1798.120
. This subparagraph does not authorize a
business
to make material, retroactive privacy policy changes or make other changes in their privacy policy in a manner that would violate the Unfair and Deceptive Practices Act (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code).
(u)
Service
” or “
services
” means work, labor, and
services
, including
services
furnished in connection with the
sale
or repair of goods.
(v)
Service provider
” means a sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity that is organized or operated for the profit or financial benefit of its shareholders or other owners, that processes information on behalf of a
business
and to which the
business
discloses a
consumer
’s
personal information
for a
business purpose
pursuant to a written contract, provided that the contract prohibits the entity receiving the information from retaining, using, or disclosing the
personal information
for any purpose other than for the specific purpose of performing the
services
specified in the contract for the
business
, or as otherwise permitted by this title, including retaining, using, or disclosing the
personal information
for a commercial purpose other than providing the
services
specified in the contract with the
business
(w)
Third party
” means a
person
who is not any of the following:
(1)
The
business
that
collects
personal information
from
consumer
s under this title.
(2)
(A)
person
to whom the
business
discloses a
consumer
’s
personal information
for a
business purpose
pursuant to a written contract, provided that the contract:
(i)
Prohibits the
person
receiving the
personal information
from:
(I)
Selling
the
personal information
(II)
Retaining, using, or disclosing the
personal information
for any purpose other than for the specific purpose of performing the
services
specified in the contract, including retaining, using, or disclosing the
personal information
for a commercial purpose other than providing the
services
specified in the contract.
(III)
Retaining, using, or disclosing the information outside of the direct
business
relationship between the
person
and the
business
(ii)
Includes a certification made by the
person
receiving the
personal information
that the
person
understands the restrictions in subparagraph (A) and will comply with them.
(B)
person
covered by this paragraph that violates any of the restrictions set forth in this title shall be liable for the violations. A
business
that discloses
personal information
to a
person
covered by this paragraph in compliance with this paragraph shall not be liable under this title if the
person
receiving the
personal information
uses it in violation of the restrictions set forth in this title, provided that, at the time of disclosing the
personal information
, the
business
does not have actual knowledge, or reason to believe, that the
person
intends to commit such a violation.
(x)
Unique identifier
” or “
Unique personal identifier
” means a persistent identifier that can be used to recognize a
consumer
, a
family
, or a
device
that is linked to a
consumer
or
family
, over time and across different
services
, including, but not limited to, a
device
identifier; an Internet Protocol address; cookies, beacons, pixel tags, mobile ad identifiers, or similar technology; customer number, unique pseudonym, or user alias; telephone numbers, or other forms of persistent or
probabilistic identifier
s that can be used to identify a particular
consumer
or
device
. For purposes of this subdivision, “
family
” means a custodial parent or guardian and any minor children over which the parent or guardian has custody.
(y)
Verifiable
consumer
request
” means a request that is made by a
consumer
, by a
consumer
on behalf of the
consumer
’s minor child, or by a natural
person
or a
person
registered with the Secretary of State, authorized by the
consumer
to act on the
consumer
’s behalf, and that the
business
can reasonably verify, pursuant to regulations adopted by the Attorney General pursuant to paragraph (7) of subdivision (a) of Section
1798.185
to be the
consumer
about whom the
business
has
collected
personal information
. A
business
is not obligated to provide information to the
consumer
pursuant to Sections
1798.100
1798.105
1798.110
, and
1798.115
if the
business
cannot verify, pursuant to this subdivision and regulations adopted by the Attorney General pursuant to paragraph (7) of subdivision (a) of Section
1798.185
, that the
consumer
making the request is the
consumer
about whom the
business
has
collected
information or is a
person
authorized by the
consumer
to act on such
consumer
’s behalf.
1798.145
(a)
The obligations imposed on
business
es by this title shall not restrict a
business
’ ability to:
(1)
Comply with federal, state, or local laws.
(2)
Comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities.
(3)
Cooperate with law enforcement agencies concerning conduct or activity that the
business
service provider
, or
third party
reasonably and in good faith believes may violate federal, state, or local law.
(4)
Exercise or defend legal claims.
(5)
Collect, use, retain,
sell
, or disclose
consumer
information that is
deidentified
or in the
aggregate
consumer
information
(6)
Collect or
sell
consumer
’s
personal information
if every aspect of that commercial conduct takes place wholly outside of California. For purposes of this title, commercial conduct takes place wholly outside of California if the
business
collected
that information while the
consumer
was outside of California, no part of the
sale
of the
consumer
’s
personal information
occurred in California, and no
personal information
collected
while the
consumer
was in California is
sold
. This paragraph shall not permit a
business
from storing, including on a
device
personal information
about a
consumer
when the
consumer
is in California and then
collect
ing that
personal information
when the
consumer
and stored
personal information
is outside of California.
(b)
The obligations imposed on
business
es by Sections
1798.110
to
1798.135
, inclusive, shall not apply where compliance by the
business
with the title would violate an evidentiary privilege under California law and shall not prevent a
business
from providing the
personal information
of a
consumer
to a
person
covered by an evidentiary privilege under California law as part of a privileged communication.
(c)
(1)
This title shall not apply to any of the following:
(A)
Medical information governed by the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1) or protected health information that is
collected
by a covered entity or
business
associate governed by the privacy, security, and breach notification rules issued by the United States Department of Health and Human
Service
s, Parts 160 and 164 of Title 45 of the Code of Federal Regulations, established pursuant to the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) and the Health Information Technology for Economic and Clinical Health Act (Public Law 111-5).
(B)
A provider of health care governed by the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1) or a covered entity governed by the privacy, security, and breach notification rules issued by the United States Department of Health and Human
Service
s, Parts 160 and 164 of Title 45 of the Code of Federal Regulations, established pursuant to the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), to the extent the provider or covered entity maintains patient information in the same manner as medical information or protected health information as described in subparagraph (A) of this section.
(C)
Information
collected
as part of a clinical trial subject to the Federal Policy for the Protection of Human Subjects, also known as the Common Rule, pursuant to good clinical practice guidelines issued by the International Council for Harmonisation or pursuant to human subject protection requirements of the United States Food and Drug Administration.
(2)
For purposes of this subdivision, the definitions of “medical information” and “provider of health care” in Section 56.05 shall apply and the definitions of “
business
associate,” “covered entity,” and “protected health information” in Section 160.103 of Title 45 of the Code of Federal Regulations shall apply.
(d)
(1)
This title shall not apply to an activity involving the
collection
, maintenance, disclosure,
sale
, communication, or use of any
personal information
bearing on a
consumer
’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living by a
consumer
reporting agency, as defined in subdivision (f) of Section 1681a of Title 15 of the United States Code, by a furnisher of information, as set forth in Section 1681s-2 of Title 15 of the United States Code, who provides information for use in a
consumer
report, as defined in subdivision (d) of Section 1681a of Title 15 of the United States Code, and by a user of a
consumer
report as set forth in Section 1681b of Title 15 of the United States Code.
(2)
Paragraph (1) shall apply only to the extent that such activity involving the
collection
, maintenance, disclosure,
sale
, communication, or use of such information by that agency, furnisher, or user is subject to regulation under the Fair Credit Reporting Act, section 1681 et seq., Title 15 of the United States Code and the information is not used, communicated, disclosed, or
sold
except as authorized by the Fair Credit Reporting Act.
(3)
This subdivision shall not apply to Section
1798.150
(e)
This title shall not apply to
personal information
collected
, processed,
sold
, or disclosed pursuant to the federal Gramm-Leach-Bliley Act (Public Law 106-102), and implementing regulations, or the California Financial Information Privacy Act (Division 1.4 (commencing with Section 4050) of the Financial Code). This subdivision shall not apply to Section
1798.150
(f)
This title shall not apply to
personal information
collected
, processed,
sold
, or disclosed pursuant to the Driver’s Privacy Protection Act of 1994 (18 U.S.C. Sec. 2721 et seq.). This subdivision shall not apply to Section
1798.150
(g)
(1)
Section
1798.120
shall not apply to vehicle information or ownership information retained or shared between a new motor vehicle dealer, as defined in Section 426 of the Vehicle Code, and the vehicle’s manufacturer, as defined in Section 672 of the Vehicle Code, if the vehicle or ownership information is shared for the purpose of effectuating, or in anticipation of effectuating, a vehicle repair covered by a vehicle warranty or a recall conducted pursuant to Sections 30118 to 30120, inclusive, of Title 49 of the United States Code, provided that the new motor vehicle dealer or vehicle manufacturer with which that vehicle information or ownership information is shared does not
sell
, share, or use that information for any other purpose.
(2)
For purposes of this subdivision:
(A)
“Vehicle information” means the vehicle information number, make, model, year, and odometer reading.
(B)
“Ownership information” means the name or names of the registered owner or owners and the contact information for the owner or owners.
(h)
(1)
This title shall not apply to any of the following:
(A)
Personal information
that is
collected
by a
business
about a natural
person
in the course of the natural
person
acting as a job applicant to, an employee of, owner of, director of, officer of, medical staff member of, or contractor of that
business
to the extent that the natural person’s
personal information
is
collected
and used by the
business
solely within the context of the natural person’s role or former role as a job applicant to, an employee of, owner of, director of, officer of, medical staff member of, or a contractor of that
business
(B)
Personal information
that is
collected
by a
business
that is emergency contact information of the natural
person
acting as a job applicant to, an employee of, owner of, director of, officer of, medical staff member of, or contractor of that
business
to the extent that the
personal information
is
collected
and used solely within the context of having an emergency contact on file.
(C)
Personal information
that is necessary for the
business
to retain to administer benefits for another natural
person
relating to the natural
person
acting as a job applicant to, an employee of, owner of, director of, officer of, medical staff member of, or contractor of that
business
to the extent that the
personal information
is
collected
and used solely within the context of administering those benefits.
(2)
For purposes of this subdivision:
(A)
“Contractor” means a natural
person
who provides any
service
to a
business
pursuant to a written contract.
(B)
“Director” means a natural
person
designated in the articles of incorporation as such or elected by the incorporators and natural
persons
designated, elected, or appointed by any other name or title to act as directors, and their successors.
(C)
“Medical staff member” means a licensed physician and surgeon, dentist, or podiatrist, licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code and a clinical psychologist as defined in Section 1316.5 of the Health and Safety Code.
(D)
“Officer” means a natural
person
elected or appointed by the board of directors to manage the daily operations of a corporation, such as a chief executive officer, president, secretary, or treasurer.
(E)
“Owner” means a natural
person
who meets one of the following:
(i)
Has ownership of, or the power to vote, more than 50 percent of the outstanding shares of any class of voting security of a
business
(ii)
Has
control
in any manner over the election of a majority of the directors or of individuals exercising similar functions.
(iii)
Has the power to exercise a
control
ling influence over the management of a company.
(3)
This subdivision shall not apply to subdivision (b) of Section
1798.100
or Section
1798.150
(4)
This subdivision shall become inoperative on January 1, 2021.
(i)
Notwithstanding a
business
’ obligations to respond to and honor
consumer
rights requests pursuant to this title:
(1)
A time period for a
business
to respond to any verified
consumer
request may be extended by up to 90 additional days where necessary, taking into account the complexity and number of the requests. The
business
shall inform the
consumer
of any such extension within 45 days of receipt of the request, together with the reasons for the delay.
(2)
If the
business
does not take action on the request of the
consumer
, the
business
shall inform the
consumer
, without delay and at the latest within the time period permitted of response by this section, of the reasons for not taking action and any rights the
consumer
may have to appeal the decision to the
business
(3)
If requests from a
consumer
are manifestly unfounded or excessive, in particular because of their repetitive character, a
business
may either charge a reasonable fee, taking into account the administrative costs of providing the information or communication or taking the action requested, or refuse to act on the request and notify the
consumer
of the reason for refusing the request. The
business
shall bear the burden of demonstrating that any verified
consumer
request is manifestly unfounded or excessive.
(j)
business
that discloses
personal information
to a
service provider
shall not be liable under this title if the
service provider
receiving the
personal information
uses it in violation of the restrictions set forth in the title, provided that, at the time of disclosing the
personal information
, the
business
does not have actual knowledge, or reason to believe, that the
service provider
intends to commit such a violation. A
service provider
shall likewise not be liable under this title for the obligations of a
business
for which it provides
services
as set forth in this title.
(k)
This title shall not be construed to require a
business
to
collect
personal information
that it would not otherwise
collect
in the ordinary course of its
business
, retain
personal information
for longer than it would otherwise retain such information in the ordinary course of its
business
, or reidentify or otherwise link information that is not maintained in a manner that would be considered
personal information
(l)
The rights afforded to
consumer
s and the obligations imposed on the
business
in this title shall not adversely affect the rights and freedoms of other
consumer
s.
(m)
The rights afforded to
consumer
s and the obligations imposed on any
business
under this title shall not apply to the extent that they infringe on the noncommercial activities of a
person
or entity described in subdivision (b) of Section 2 of Article I of the California Constitution.
(n)
(1)
The obligations imposed on
business
es by Sections
1798.100
1798.105
1798.110
1798.115
1798.130
, and
1798.135
shall not apply to
personal information
reflecting a written or verbal communication or a transaction between the
business
and the
consumer
, where the
consumer
is a natural
person
who is acting as an employee, owner, director, officer, or contractor of a company, partnership, sole proprietorship, non-profit, or government agency and whose communications or transaction with the
business
occur solely within the context of the
business
conducting due diligence regarding, or providing or receiving a product or
service
to or from such company, partnership, sole proprietorship, non-profit or government agency.
(2)
For purposes of this subdivision:
(A)
“Contractor” means a natural
person
who provides any
service
to a
business
pursuant to a written contract.
(B)
“Director” means a natural
person
designated in the articles of incorporation as such or elected by the incorporators and natural
persons
designated, elected, or appointed by any other name or title to act as directors, and their successors.
(C)
“Officer” means a natural
person
elected or appointed by the board of directors to manage the daily operations of a corporation, such as a chief executive officer, president, secretary, or treasurer.
(D)
“Owner” means a natural
person
who meets one of the following:
(i)
Has ownership of, or the power to vote, more than 50 percent of the outstanding shares of any class of voting security of a
business
(ii)
Has
control
in any manner over the election of a majority of the directors or of individuals exercising similar functions.
(iii)
Has the power to exercise a
control
ling influence over the management of a company.
(3)
This subdivision shall become inoperative on January 1, 2021.
1798.150
(a)
(1)
Any
consumer
whose nonencrypted and nonredacted
personal information
, as defined in subparagraph (A) of paragraph (1) of subdivision (d) of Section 1798.81.5, is subject to an unauthorized access and exfiltration, theft, or disclosure as a result of the
business
’s violation of the duty to implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the
personal information
may institute a civil action for any of the following:
(A)
To recover damages in an amount not less than one hundred dollars ($100) and not greater than seven hundred and fifty ($750) per
consumer
per incident or actual damages, whichever is greater.
(B)
Injunctive or declaratory relief.
(C)
Any other relief the court deems proper.
(2)
In assessing the amount of statutory damages, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth.
(b)
Actions pursuant to this section may be brought by a
consumer
if, prior to initiating any action against a
business
for statutory damages on an individual or class-wide basis, a
consumer
provides a
business
30 days’ written notice identifying the specific provisions of this title the
consumer
alleges have been or are being violated. In the event a cure is possible, if within the 30 days the
business
actually cures the noticed violation and provides the
consumer
an express written statement that the violations have been cured and that no further violations shall occur, no action for individual statutory damages or class-wide statutory damages may be initiated against the
business
. No notice shall be required prior to an individual
consumer
initiating an action solely for actual pecuniary damages suffered as a result of the alleged violations of this title. If a
business
continues to violate this title in breach of the express written statement provided to the
consumer
under this section, the
consumer
may initiate an action against the
business
to enforce the written statement and may pursue statutory damages for each breach of the express written statement, as well as any other violation of the title that postdates the written statement.
(c)
The cause of action established by this section shall apply only to violations as defined in subdivision (a) and shall not be based on violations of any other section of this title. Nothing in this title shall be interpreted to serve as the basis for a private right of action under any other law. This shall not be construed to relieve any party from any duties or obligations imposed under other law or the United States or California Constitution.
1798.155
(a)
Any
business
or
third party
may seek the opinion of the Attorney General for guidance on how to comply with the provisions of this title.
(b)
business
shall be in violation of this title if it fails to cure any alleged violation within 30 days after being notified of alleged noncompliance. Any
business
service provider
, or other
person
that violates this title shall be subject to an injunction and liable for a civil penalty of not more than two thousand five hundred dollars ($2,500) for each violation or seven thousand five hundred dollars ($7,500) for each intentional violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General. The civil penalties provided for in this section shall be exclusively assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General.
(c)
Any civil penalty assessed for a violation of this title, and the proceeds of any settlement of an action brought pursuant to subdivision (b), shall be deposited in the
Consumer
Privacy Fund, created within the General Fund pursuant to subdivision (a) of Section
1798.160
with the intent to fully offset any costs incurred by the state courts and the Attorney General in connection with this title.
1798.160
(a)
A special fund to be known as the “
Consumer
Privacy Fund” is hereby created within the General Fund in the State Treasury, and is available upon appropriation by the Legislature to offset any costs incurred by the state courts in connection with actions brought to enforce this title and any costs incurred by the Attorney General in carrying out the Attorney General’s duties under this title.
(b)
Funds transferred to the
Consumer
Privacy Fund shall be used exclusively to offset any costs incurred by the state courts and the Attorney General in connection with this title. These funds shall not be subject to appropriation or transfer by the Legislature for any other purpose, unless the Director of Finance determines that the funds are in excess of the funding needed to fully offset the costs incurred by the state courts and the Attorney General in connection with this title, in which case the Legislature may appropriate excess funds for other purposes.
1798.175
This title is intended to further the constitutional right of privacy and to supplement existing laws relating to
consumer
s’
personal information
, including, but not limited to, Chapter 22 (commencing with Section 22575) of Division 8 of the Business and Professions Code and Title 1.81 (commencing with Section 1798.80). The provisions of this title are not limited to information
collected
electronically or over the Internet, but apply to the
collection
and
sale
of all
personal information
collected
by a
business
from
consumer
s. Wherever possible, law relating to
consumer
s’
personal information
should be construed to harmonize with the provisions of this title, but in the event of a conflict between other laws and the provisions of this title, the provisions of the law that afford the greatest protection for the right of privacy for
consumer
s shall
control
1798.180
This title is a matter of statewide concern and supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by a city, county, city and county, municipality, or local agency regarding the
collection
and
sale
of
consumer
s’
personal information
by a
business
1798.185
(a)
On or before July 1, 2020, the Attorney General shall solicit broad public participation and adopt regulations to further the purposes of this title, including, but not limited to, the following areas:
(1)
Updating as needed additional categories of
personal information
to those enumerated in subdivision (c) of Section
1798.130
and subdivision (o) of Section
1798.140
in order to address changes in technology, data
collection
practices, obstacles to implementation, and privacy concerns.
(2)
Updating as needed the definition of
unique identifier
s to address changes in technology, data
collection
, obstacles to implementation, and privacy concerns, and additional categories to the definition of
designated methods for submitting requests
to facilitate a
consumer
’s ability to obtain information from a
business
pursuant to Section
1798.130
(3)
Establishing any exceptions necessary to comply with state or federal law, including, but not limited to, those relating to trade secrets and intellectual property rights, within one year of passage of this title and as needed thereafter.
(4)
Establishing rules and procedures for the following:
(A)
To facilitate and govern the submission of a request by a
consumer
to opt-out of the
sale
of
personal information
pursuant to Section
1798.120
(B)
To govern
business
compliance with a
consumer
’s opt-out request.
(C)
For the development and use of a recognizable and uniform opt-out logo or button by all
business
es to promote
consumer
awareness of the opportunity to opt-out of the
sale
of
personal information
(5)
Adjusting the monetary threshold in subparagraph (A) of paragraph (1) of subdivision (c) of Section
1798.140
in January of every odd-numbered year to reflect any increase in the
Consumer
Price Index.
(6)
Establishing rules, procedures, and any exceptions necessary to ensure that the notices and information that
business
es are required to provide pursuant to this title are provided in a manner that may be easily understood by the average
consumer
, are accessible to
consumer
s with disabilities, and are available in the language primarily used to interact with the
consumer
, including establishing rules and guidelines regarding financial incentive offerings, within one year of passage of this title and as needed thereafter.
(7)
Establishing rules and procedures to further the purposes of Sections
1798.110
and
1798.115
and to facilitate a
consumer
’s or the
consumer
’s authorized agent’s ability to obtain information pursuant to Section
1798.130
, with the goal of minimizing the administrative burden on
consumer
s, taking into account available technology, security concerns, and the burden on the
business
, to govern a
business
’s determination that a request for information received from a
consumer
is a
verifiable
consumer
request
, including treating a request submitted through a password-protected account maintained by the
consumer
with the
business
while the
consumer
is logged into the account as a
verifiable
consumer
request
and providing a mechanism for a
consumer
who does not maintain an account with the
business
to request information through the
business
’s authentication of the
consumer
’s identity, within one year of passage of this title and as needed thereafter.
(b)
The Attorney General may adopt additional regulations as follows:
(1)
To establish rules and procedures on how to process and comply with
verifiable
consumer
request
s for specific pieces of
personal information
relating to a household in order to address obstacles to implementation and privacy concerns.
(2)
As necessary to further the purposes of this title.
(c)
The Attorney General shall not bring an enforcement action under this title until six months after the publication of the final regulations issued pursuant to this section or July 1, 2020, whichever is sooner.
1798.190
If a series of steps or transactions were component parts of a single transaction intended from the beginning to be taken with the intention of avoiding the reach of this title, including the disclosure of information by a
business
to a
third party
in order to avoid the definition of
sell
, a court shall disregard the intermediate steps or transactions for purposes of effectuating the purposes of this title.
1798.192
Any provision of a contract or agreement of any kind that purports to waive or limit in any way a
consumer
’s rights under this title, including, but not limited to, any right to a remedy or means of enforcement, shall be deemed contrary to public policy and shall be void and unenforceable. This section shall not prevent a
consumer
from declining to request information from a
business
, declining to opt-out of a
business
’s
sale
of the
consumer
’s
personal information
, or authorizing a
business
to
sell
the
consumer
’s
personal information
after previously opting out.
1798.194
This title shall be liberally construed to effectuate its purposes.
1798.196
This title is intended to supplement federal and state law, if permissible, but shall not apply if such application is preempted by, or in conflict with, federal law or the United States or California Constitution.
1798.198
(a)
Subject to limitation provided in subdivision (b), and in Section
1798.199
, this title shall be operative January 1, 2020.
(b)
This title shall become operative only if initiative measure No. 17-0039, The
Consumer
Right to Privacy Act of 2018, is withdrawn from the ballot pursuant to Section 9604 of the Elections Code.
1798.199
Notwithstanding Section
1798.198
, Section
1798.180
shall be operative on the effective date of the act adding this section.
SEC. 4.
(a)
The provisions of this bill are severable. If any
provision of this bill or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given effect
without the invalid provision or application.
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