CCPA Regulations: Access Requests And Litigation

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Comments to the California Consumer Privacy Act (CCPA) final regulations asked: “If you get an access request and you know that the underlying motive for it is to conduct discovery for the purpose of contemplated litigation, do you have to comply with the access request?”

The California Attorney General’s Response: Yes. There is no exception that lets you refuse for this reason.

This is very much in line with European Union supervisory authorities’ approach and some case law regarding this question.

See this case from the England and Wales Court of Appeal for example.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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