Commenters on the final California Consumer Privacy Act (CCPA) regulations asked what happens if you map your third party sharing and implement a process but still inadvertently sell personal information
Continue Reading CCPA Regulations: What if You Inadvertently Sell Personal Information?
A comment submitted to the California Attorney General’s final California Consumer Privacy Act regulations asked if audio recordings are personal information under CCPA and should they be included in the
Continue Reading CCPA Regulations: Are Audio Recordings Personal Information?
Commenters on the final California Consumer Privacy Act (CCPA) regulations asked if a Vehicle Identification Number, even by itself, is personal information. Do you have to delete it? How do
Continue Reading CCPA Regulations: Are Vehicle ID Numbers Personal Information?
A comment requested that the California Attorney General clarify the specific requirements for making privacy notices “easy to read and understandable to the average consumer” under the California Consumer Privacy
Continue Reading CCPA Regulations: ‘What is Easy to Understand?’
A comment asks the California Attorney General if directing a consumer to an online form could constitute a valid notice at collection under the recently finalized California Consumer Privacy Act
Continue Reading CCPA Regulations: Does an Online Form Constitute Valid ‘Notice at Collection?’
Would conspicuous by any other name … link as effectively?
Multiple comments to the final California Consumer Privacy Act regulations ask the California Attorney General to explain what “conspicuous link”
Continue Reading CCPA Regulations: What is the Meaning of Conspicuous?
More responses from the California Attorney General to questions about the final California Consumer Privacy Act regulations:
Q. Can a business use an IP address to determine if a website visitor is a California consumer?
California Attorney General: Can’t confirm or deny.
“Nothing prevents a business from using an IP address to determine the location for valid business purposes. Whether or not that is a reliable or definitive method to determine residency raises specific legal questions that may require a fact specific determination.”
Q: Should backup and archive systems be excluded from the deletion requirement pursuant to a CCPA consumer delete request?Continue Reading CCPA Regulations: IP Addresses and Residence, Backup and Archive Systems, Opt-Outs and Third Parties
The California Attorney General has addressed a wide range of questions from businesses and other interested parties, in responding to comments to final California Consumer Privacy Act (CCPA) regulations. Here are three involving opt-out links, deletion of personal information and the meaning of the the phrases “reasonably anticipated within the context of a business” and “reasonably aligned with the expectations of the consumer,” and whether IP addresses are personal information.
Q: Is it possible to use traditional opt out links (e.g to opt out of cookies) instead of the “Do Not Sell My Personal Information” link?
California Attorney General: No. This is inconsistent with the language and intent of CCPA.
Q: Can you provide further guidance to clarify the meaning of “reasonably anticipated within the context of a business” and “reasonably aligned with the expectations of the consumer.” These are two open-ended exceptions to the obligation to delete personal information pursuant to a consumer request to delete which have the potential to be very useful to businesses.Continue Reading CCPA Regulations: ‘Opt Out’ Links, Deletion of Personal Information, IP Addresses
Exactly which consumer rights need to be explained in a privacy notice? The California Attorney General recently addressed this question in responding to comments to final California Consumer Privacy Act
Continue Reading CCPA Regulations: Explaining Consumer Rights in the Privacy Notice
When asked in comments to the California Consumer Privacy Act regulations whether a loyalty program constitutes a financial incentive under the act, the California Attorney General responded “maybe.”
Continue Reading CCPA Regulations: Is a Loyalty Program a Financial Incentive?
