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What is the new CPRA law?
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The California Privacy Rights Act was voted in by the public on November 3, 2020 and is now state law as a result. Most of the new rules don't kick in until January 2023 however, to give businesses enough time to prepare.
The CPRA is an extension of the CCPA (California Consumer Privacy Act) and comes with slightly new rules, as well as a task force to enforce these rules.
For those of you unaware, these rules apply to any business located in California or that does business in California, with a couple other requirements as well.
Some of the baseline rules and changes include:
1. The biggest change is that this new rule involves all companies that share private information, and not just sell it now. The definition now includes, "sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's personal information by the business to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration, including transactions between a business and a third party for cross-context behavior advertising for the benefit of a business in which no money is exchanged." And, it should be noted, the term they use "making available" is pretty intentionally vague here as well.
2. There's a new category of "sensitive information" that gets handled differently and has new disclosure and purpose-limitation requirements. Information under this new classification includes social security numbers; financial account or login information; precise geolocation; race, ethnicity, religious or philosophical beliefs, or union membership; content of nonpublic communications (include mail, email, texts, and the like); genetic, biometric, or health information; sex life or sexual orientation information. These categories must be disclosed, there are opt-in and opt-out requirements, and specific purpose-limitations to this info.
3. Brand new rights include right to correct your personal info, right to opt out of automated decision-making technology, right to access information about automated decision-making, right to restrict sensitive personal information, and there are also audit obligations for companies.
There is actually a whole boatload more of stuff that goes into this. This is pretty comprehensive legislation, and the CCPA was pretty comprehensive itself, and this is mostly just built on top of that.
So, make sure your technology is in line and able to do all of these different things, but also check with a lawyer who knows what's going on if you think this might really affect you.
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Check out more Biz Tech Tips:
The California Privacy Rights Act was voted in by the public on November 3, 2020 and is now state law as a result. Most of the new rules don't kick in until January 2023 however, to give businesses enough time to prepare.
The CPRA is an extension of the CCPA (California Consumer Privacy Act) and comes with slightly new rules, as well as a task force to enforce these rules.
For those of you unaware, these rules apply to any business located in California or that does business in California, with a couple other requirements as well.
Some of the baseline rules and changes include:
1. The biggest change is that this new rule involves all companies that share private information, and not just sell it now. The definition now includes, "sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's personal information by the business to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration, including transactions between a business and a third party for cross-context behavior advertising for the benefit of a business in which no money is exchanged." And, it should be noted, the term they use "making available" is pretty intentionally vague here as well.
2. There's a new category of "sensitive information" that gets handled differently and has new disclosure and purpose-limitation requirements. Information under this new classification includes social security numbers; financial account or login information; precise geolocation; race, ethnicity, religious or philosophical beliefs, or union membership; content of nonpublic communications (include mail, email, texts, and the like); genetic, biometric, or health information; sex life or sexual orientation information. These categories must be disclosed, there are opt-in and opt-out requirements, and specific purpose-limitations to this info.
3. Brand new rights include right to correct your personal info, right to opt out of automated decision-making technology, right to access information about automated decision-making, right to restrict sensitive personal information, and there are also audit obligations for companies.
There is actually a whole boatload more of stuff that goes into this. This is pretty comprehensive legislation, and the CCPA was pretty comprehensive itself, and this is mostly just built on top of that.
So, make sure your technology is in line and able to do all of these different things, but also check with a lawyer who knows what's going on if you think this might really affect you.
*********************************************************
Check out more Biz Tech Tips:
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