Consumers can successfully bring suit under the CCPA if they can prove the following five elements:
The definition of personal information used in California Civil Code Section 1798.81.5 is far narrower than the definition of personal information used within the rest of the CCPA. Specifically, while the CCPA’s general definition of “personal information" contains 26 examples of types of data fields, only the following six data combinations can form the basis of a consumer lawsuit:
This article is part of a multi-part series published by BCLP to help companies understand and implement the General Data Protection Regulation, the California Consumer Privacy Act and other privacy statutes. You can find more information on the CCPA in BCLP’s California Consumer Privacy Act Practical Guide, and more information about the GDPR in the American Bar Association’s The EU GDPR: Answers to the Most Frequently Asked Questions.
1. Cal. Civil. Code. Section 1798.81.5(d)(1)(A).