Privacy Rights in California: The CCPA
In California, your privacy at work matters. Under the California Consumer Privacy Act (CCPA), employees have the right to know how their personal data is collected, used, and shared by their employer. If your privacy has been violated or your data mishandled, Fraigun Law Group can help you take action to protect your rights and hold your employer accountable.
Understanding Privacy Rights in California: The CCPA
The California Consumer Privacy Act (CCPA) is a landmark law designed to enhance privacy rights for California residents. It gives individuals greater control over their personal information and imposes specific obligations on businesses handling that information. Here’s a summary of the key rights provided under the CCPA:
Your Privacy Rights Under the CCPA
Right to Know
You have the right to request that businesses disclose the categories and specific pieces of personal information they collect about you.
Businesses must also inform you about the purposes for which the information is collected, the sources of the information, and the categories of third parties to whom the information is disclosed.
Right to delete
You can request that businesses delete personal information they have collected from you.
Certain exceptions apply, such as if the information is necessary to complete a transaction, comply with a legal obligation, or for internal business uses aligned with your expectations.
Right to Opt-Out of sale
You can instruct businesses not to sell your personal information.
Businesses must provide a clear mechanism for opting out, such as a “Do Not Sell My Personal Information” link on their website.
Right to non-discrimination
Businesses cannot deny you services, charge higher prices, or offer lower quality goods or services because you exercised your privacy rights.
Businesses’ Obligations Under the CCPA
The CCPA imposes specific obligations on businesses, ensuring transparency and accountability in handling consumer data. These obligations include:
DIsclosing Practices
Providing clear and accessible privacy policies detailing what personal information is collected, how it is used, and with whom it is shared.
implementing opt-out tools
Ensuring consumers can easily opt-out of the sale of their personal information through features like a “Do Not Sell My Personal Information” link.
Responding to consumer requests
Businesses must address consumer requests for access to their personal data or deletion of their data within 45 days.
Verifying consumer identity
Preventing unauthorized access by verifying the identity of the individual making requests.
Honoring privacy controls
Recognizing and honoring user-enabled global privacy controls, such as browser settings that signal opt-out preferences.
Expanded Definitions of Personal Information
The CCPA defines personal information broadly, covering not only traditional identifiers but also modern data points, such as:
• Biometric Data: Including fingerprints or voice recordings.
• Audio, Visual, and Thermal Data: Collected by smart devices or surveillance systems.
• Professional or Employment-Related Information: Gathered during hiring or employment processes.
• Educational Data: Protected under federal or state privacy laws.
• Inferences: Derived from data to create profiles about an individual’s preferences, behaviors, or characteristics.
This comprehensive approach ensures businesses are held accountable for virtually all forms of data collection and usage.
Who Must Comply with the CCPA?
The CCPA applies to for-profit businesses that meet one or more of the following criteria:
• Have gross annual revenues over $25 million.
• Buy, sell, or share the personal information of 50,000 or more consumers, households, or devices.
• Derive 50% or more of their annual revenue from selling consumers’ personal information.
How to Exercise Your Rights
Consumers can exercise their CCPA rights by submitting requests through mechanisms provided by businesses, such as:
Toll-free numbers.
Online forms.
Dedicated email addresses.
Businesses must respond promptly and may require identity verification to process these requests.
Enforcement & Penalties
The CCPA is enforced by the California Attorney General, and violations can result in fines of up to $7,500 per violation. Additionally, consumers can take legal action in cases of data breaches caused by insufficient security measures.
How the CCPA Empowers California
The CCPA ensures Californians can better understand how their personal data is collected, used, and shared. It provides tools to control the flow of their information and hold businesses accountable for privacy violations, setting a high standard for consumer protection. For more information, visit the California Attorney General’s website on the CCPA.