CCPA Regulations: ‘Opt Out’ Links, Deletion of Personal Information, IP Addresses

Fox Rothschild LLP

Fox Rothschild LLP

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.

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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.

AG: No. Further guidance would not be helpful.

CCPA Final Regs Reasonably Aligned with the Purpose Odia Kagan

Q: Does an IP address constitute personal information subject to all CCPA obligations?

Some comments to the regulations requested a statement that IP addresses are never personal information; and that targeted advertising and real-time bidding therefore do not constitute a sale.

The California Attorney General responded:  “It’s complicated.”

  • Personal information is a broad term and includes IP addresses
  • Proposed amendment to the law to carve targeted advertising out of the definition of sale has failed
  • The provision in the previous version of the Regs carving out IP from the definition of personal information was deleted in order to finalize the Regs by July 1.
  • Further analysis is required as to whether our not additional regulations are needed on this topic.

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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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