California Consumer Privacy Act (CCPA), Duty to Delete

One-Stop Deletion from Data Brokers - California’s Delete Act

Dorsey & Whitney LLP on 11/3/2023

California Governor Newsom recently signed SB 362, known as the Delete Act, which creates a one-time mechanism for consumers to request that data brokers delete all personal data associated with the consumer. ...more

California Data Broker Bill Expands Consumer Data Deletion Rights, Empowers Deletion Agents

Hudson Cook, LLP on 10/16/2023

Data brokers face new registration and audit obligations, consumer data deletion rights, and exposure to fines under California's SB 362, the Delete Act. The bill was signed into law by Gov. Gavin Newsom on Tuesday. Effective...more

California Delete Act Passes Legislature

Husch Blackwell LLP on 9/18/2023

Keypoint: Pending the Governor’s signature, the California Delete Act requires all data brokers to register with the CPPA next year and comply with a one-stop consumer deletion mechanism by 2026. Last week, the California...more

California Looks to Amend Data Broker Law

WilmerHale on 9/1/2023

The state of California is on the verge of amending its current data broker law with Senate Bill 362, also known as the Delete Act (“the Act”). The Act passed in the Assembly’s Committee on Privacy and Consumer Protection and...more

How many deletion requests can a consumer send to a business each year?

BCLP on 8/6/2020

The CCPA does not specify how many deletion requests a consumer can send to a business each year. However, it does permit businesses to “refuse to act on” a deletion request if a consumer’s requests become “unfounded or...more

Is a business required to delete only 12 months of consumer information in response to a request to be forgotten?

BCLP on 7/14/2020

No. Unlike a request for access, a business’s deletion obligation extends to all data held by the business regarding a consumer, unless an exception applies, irrespective of when that data was collected, generated or...more

When honoring a right to be forgotten request, does a business have to delete information from its backup systems?

BCLP on 7/13/2020

Not immediately, but yes. The CCPA does not distinguish or make allowances for backup and other less accessible systems when determining the scope of a business’s obligation to delete the personal information of a consumer...more

What type of contractual provisions are included within service provider agreements in connection with consumer deletion requests?

BCLP on 5/12/2020

Although the CCPA does not itself require that a service provider honor a deletion request that it receives directly from a consumer, a service provider may be contractually obligated to do so by a business. Many...more

Can a service provider process a deletion request that it receives directly from a consumer under the CCPA?

BCLP on 5/8/2020

Sometimes, depending on the service provider’s agreement with the business. A consumer may incorrectly direct a deletion request to a service provider rather than to the business for which the service provider processes...more

Does a business have to delete marketing information pursuant to a deletion request?

BCLP on 5/1/2020

Maybe not. While personal information is generally subject to deletion requests, the CCPA provides nine exceptions which, depending on a company’s data processing and retention practices, may provide an argument that...more

Can a service provider refuse a deletion instruction from a business under the CCPA?

BCLP on 4/29/2020

Yes. Unless a service provider has contractually agreed otherwise, they can refuse an instruction to delete personal information that they receive from their client (i.e., the business for whom the service provider was...more

What’s New, What It Means: California AG Releases Modified CCPA Regulations

Latham & Watkins LLP on 2/24/2020

While still in draft form, the modifications both clarify certain obligations and introduce new uncertainty for businesses covered by the CCPA. Key Points: ..On February 7 and 10, 2020, the California AG announced and...more

California Attorney General Publishes Revisions to Proposed CCPA Regulations

WilmerHale on 2/11/2020

On February 7, 2020, California Attorney General Xavier Becerra (the California AG) proposed revisions to the regulations implementing the California Consumer Privacy Act (CCPA) that his office had first proposed on October...more

The CCPA for the Land Title Industry: Practical Compliance With CCPA and New Privacy Laws

Carlton Fields on 2/6/2020

With the introduction of the CCPA in January 2020, many other U.S. states have also begun to consider their own proposed data privacy legislation. In this podcast, Elizabeth Reilly from Fidelity National Financial joins...more

Does a business have to delete information from their point of sale system pursuant to a deletion request?

BCLP on 1/10/2020

Probably not. Point of sale systems typically collect and retain inherently “personal information” as defined by the CCPA, such as the customer’s name, address, phone number, email, and payment information....more

Survey of the Retail Industry’s Privacy Practices - December 2019

BCLP on 12/30/2019

With the enactment of the European General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act ("CCPA”), retailers have been forced to cope with a shifting privacy landscape that impacts the data that...more

Do all marketing lists discriminate against consumers that exercise a right to be deleted?

BCLP on 12/27/2019

No. The CCPA generally prohibits a business from “discriminat[ing]” against a consumer that chooses to exercise “any of the consumer’s rights” – including the right to be deleted. As a result, to the extent that a...more

CCPA Privacy FAQs: Can a company be sued under the CCPA for failing to honor a deletion request?

BCLP on 11/4/2019

No. Section 1798.150 of the CCPA permits consumers to “institute a civil action” only where consumer “nonencrypted or nonredacted personal information, as defined in subparagraph (A) of paragraph (1) of subdivision (d) of...more

California Attorney General Releases Draft Regulations on the California Consumer Privacy Act: New Requirements Have Potentially...

Holland & Knight LLP on 10/31/2019

The California Attorney General Xavier Becerra on Oct. 10, 2019, released the proposed text for the California Consumer Privacy Act Regulations (Regulations). The Regulations are intended to guide businesses on CCPA...more

Countdown to CCPA #4: Governor Signs CCPA Amendment to Add Additional Exemptions

Pillsbury Winthrop Shaw Pittman LLP on 10/15/2019

Information collected in employment or business-to-business contexts is exempt for one year. For the first year it is in effect, the CCPA will not apply to personal information collected about employees or in B2B...more

California Attorney General Publishes Long-Awaited Proposed Regulations Implementing the CCPA

WilmerHale on 10/15/2019

On October 10, 2019, California Attorney General Xavier Becerra proposed regulations and issued an explanatory statement, “Initial Statement of Reasons,” aimed at clarifying the scope of the California Consumer Privacy Act...more

CCPA Privacy FAQs: Is a business required to delete loyalty program information if it receives a deletion request from an inactive...

BCLP on 10/14/2019

Typically no. Loyalty programs are typically permitted to deny a deletion request from an active member as information that was collected about the member from third party sources is outside the scope of the deletion right...more

CCPA Loyalty Club FAQ: Is a Retailer Required to Delete Information Concerning a Loyalty Member?

BCLP on 10/14/2019

Typically no. Loyalty programs can be, and are, structured in a variety of different ways. Some programs track dollars spent by a consumer, others track products purchased. Some programs are free to participate in,...more

CCPA Privacy FAQs: Is a business required to delete loyalty program information if it receives a deletion request from an active...

BCLP on 10/11/2019

Typically no. Loyalty programs can be, and are, structured in a variety of different ways. Some programs track dollars spent by a consumer, others track products purchased. Some programs are free to participate in,...more

What the California Consumer Privacy Act Means for Marketers and Marketing

Burns & Levinson LLP on 10/23/2018

Just a month after the EU General Data Protection Regulation became effective, California enacted the Consumer Privacy Act of 2018, which has caused almost as much concern among organizations doing business there. Given the...more

California Consumer Privacy Act (CCPA) › Duty to Delete

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