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