What is CCPA & How to Comply with It?

Key Takeaways:

1. Introduction of CCPA and CPRA: The CCPA, effective from January 1, 2020, with enforcement starting July 1, 2020, represents significant data privacy legislation in the U.S., akin to the EU's GDPR. The CPRA, an amendment to the CCPA passed in November 2020, adds further obligations and consumer rights, effective from January 1, 2023.
2. Consumer Rights under CCPA: The CCPA grants California residents rights regarding their personal information, including the rights to notice, erasure, opt-in for minors, protection post-consent, awareness, data sale, multiple request mechanisms, non-discrimination, access, and opt-out of data sales.
3. Definition of Personal Information: Under the CCPA, 'Personal Information' encompasses a broad range of data that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
4. Compliance Criteria: For-profit entities doing business in California must comply with the CCPA if they meet any of the following: annual gross revenues exceed $26.625 million; buy, receive, sell, or share the personal information of 50,000 or more California residents, households, or devices annually; or derive 50% or more of their annual revenues from selling California residents' personal information.
5. Exemptions: Certain organizations, such as health providers under HIPAA, financial institutions under Gramm-Leach-Bliley Act, and credit reporting agencies under the Fair Credit Reporting Act, are exempt from the CCPA.
6. Cookie Law Compliance: The CCPA requires an opt-out regime for cookies, necessitating notices about cookie use, the right to opt-out of personal information sales, a privacy policy link, and opt-in consent for minors' information sales.
7. Penalties for Non-Compliance: The CCPA imposes penalties for non-compliance, including civil penalties up to $7,988 for intentional violations and $2,663 for unintentional violations. Consumers can also file private lawsuits for data breaches, with damages ranging from $107 to $799 per incident.
8. Automating Compliance with Securiti: Given the broad definition of personal information and the operational challenges in managing privacy requests and compliance, Securiti offers solutions based on PrivacyOps. This approach uses robotic automation, AI, and machine learning to automate compliance tasks, streamline privacy operations, and reduce the manual labor and costs associated with CCPA compliance.