News & Analysis as of

Duty to Delete Consumer Privacy Rights

WilmerHale

California Looks to Amend Data Broker Law

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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

BCLP

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

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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

BCLP

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

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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

BCLP

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

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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

Carlton Fields

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

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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

BCLP

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

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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

BCLP

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

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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

BCLP

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

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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

BCLP

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

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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

Holland & Knight LLP

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

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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

Pillsbury Winthrop Shaw Pittman LLP

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

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

WilmerHale

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

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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

BCLP

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

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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

BCLP

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

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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

BCLP

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

BCLP on

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

Burns & Levinson LLP

What the California Consumer Privacy Act Means for Marketers and Marketing

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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

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