Given the importance of data privacy and protection, various countries have enacted privacy laws to protect the rights of individuals. Legislation has also been amended based on the importance of privacy in today’s data-driven world.
Today, organizations are obliged to protect personal data collected and processed, and compliance with existing laws and regulations is considered a top priority. Therefore, organizations as well as people need to be aware of the existing laws, regulations and amendments made to avoid very high fines and, more importantly, to protect individual rights.
One such notable amendment was made to California’s Privacy Act. Let’s explore what’s new in this revision.
What is CCPA?
CCPA extends to: California Consumer Privacy Act (CCPA), 2018.
The CCPA provides consumer rights and controls over an individual’s personal data. His two main areas of interest are consumer rights and business regulation. When it comes to California, CCPA is a major privacy law.
California residents are provided with various rights regarding their privacy. Below are the rights provided to consumers by the CCPA.
- Right to Know – How we use, share and for what purpose we collect consumer personal information for our business.
- Right to erasure – personal data collected with some exceptions.
- Right to opt out – or refuse to sell or share your personal data.
- Right to Non-Discrimination – Consumers exercising their CCPA rights.
The CCPA provides rights to California consumers and businesses doing business in California. This applies to companies with gross annual revenue exceeding US$25 million. The company manages and handles the personal information of more than 50,000 consumers, who earn more than half of their annual revenue from selling consumer data.
Companies subject to the CCPA have several responsibilities, including responding to customer requests to exercise their rights and providing specific notices to customers to explain their privacy practices. The CCPA applies to businesses, including data brokers.
What does the CCPA regulation include?
The CCPA includes California Consumer Privacy Act Regulations Through a privacy notice, companies must inform themselves of their privacy practices.
It also includes guidance on how to process consumer requests, verify the identity of consumers making requests, and apply the law in the case of minors. In doing so, these regulations make it easier for consumers to exercise their CCPA rights.
Finally, CCPA regulations mandate compliance with the California Consumer Privacy Act.
What is CPRA and why do you need to know about CPRA?
An extension of the CPRA is the California Privacy Rights Act of 2020. In November 2020, voters approved. 24 propositions, California Privacy Rights Act of 2020. The CPRA is an amendment to the CCPA that adds new rights and enters into force on January 1, 2023. Enforcement will begin on July 1, 2023.
CPRA focuses on the rights of California residents to strengthen existing rights. They also introduced new powers and bodies responsible for rulemaking.
The introduction of the CPRA further expands the obligations of organizations to comply with new rights and regulations.
Therefore, data-driven organizations must be aware of the new regulations and rules of California residents in order to comply with the law.
What’s new in CPRA
Adding new rights and modifying existing rights:
- Right to Rectification – Consumer Personal Information Collected by Organizations.
- Right to Restrict – Use and Disclosure of Sensitive Personal Information Collected.
- Added access rights and data portability rights.
- Changes to Opt-Out Rights – Changes are made specifically to regulate the use of COSCONTEXT behavioral advertising and its personal information.
California Privacy Protection Agency (CPPA):
The CPRA creates the California Privacy Protection Agency (CPPA) to implement and enforce the California Consumer Privacy Act. On October 21, 2012, the CCPA notified the Attorney General of its readiness to assume rulemaking responsibilities. Six months after this notice, he will transfer rulemaking authority from the Attorney General to her CPPA.
So CPPA enforces CPRA and CCPA. The CPPA is also responsible for launching public campaigns to raise awareness and understand privacy rights. You are responsible for launching public campaigns to raise awareness and understanding of the privacy rights offered.
The rights of California residents are protected by the CPPA, which has four main functions: education, rulemaking, enforcement, and certification.
Collectively, the CPPA serves as the primary enforcer and supervisor of the CCPA and CPRA, the data privacy regime.
Definition change:
The CPRA changes the definition of business to exclude small businesses and include large businesses that generate significant income from the collection, sharing, and/or sale of personally identifiable information (PI) of California residents.
The CPRA creates a new category of sensitive personally identifiable information (SPI) that is separately regulated and stronger than personally identifiable information (PI).
Consumer demand:
The CPRA expands the range of information consumers can request from businesses. This includes categories of personal information, categories of sources of collection, third-party access, and specific information collected.
Penalty change:
In consideration of the CCPA, minors under the age of 16 and personal information violations will be fined $2500 per violation. The same is true for adult privacy violations. However, considering the CPRA, the fines are increased to $7,500 per offense.
Other content:
The CPRA holds businesses accountable for how third parties use, share, or sell the personal information they originally collected.
Adds provisions similar to the European Union’s General Data Protection Regulation (GDPR).
It also expands consent requirements.
Are CCPA and CPRA different?
CPRA amends CCPA. It is considered an improved version of CCPA rather than a standalone. The CPRA includes several changes and improvements to strengthen consumer rights protections for California residents.
Need for compliance
It should be noted that from 1 July 2023, businesses will be fined for violating or violating the CPRA.
As such, organizations that use large amounts of data in their business are advised to comply with the new legislation to eliminate fines.
Find seasoned experts in the field of data protection and privacy, get compliance services from highly skilled data protection consultants, help your organization comply with the law, and build trust with your customers: DELTA Data Protection & Compliance Academy & Consulting.
DELTA Data Protection & Compliance, Inc. Academy & Consulting – The DELTA NEWS – info@delta-data-compliance.com
