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Does “personal information” include aggregate or de-identified information?

No. By its terms, the definition of personal information excludes aggregated or de-identified information....more

What is the maximum penalty that may be asserted by the California Attorney General for a violation of CCPA?

$7,500 per violation. There is no private right of action for violations of the CCPA related to an individual’s right to be forgotten.  The CCPA provides that the maximum fine that may be imposed by the Attorney General is...more

Is a business required to delete only 12 months of consumer information in response to a request to be forgotten?

No. Unlike a request for access, a business’s deletion obligation extends to all data held by the business regarding a consumer, unless an exception applies, irrespective of when that data was collected, generated or...more

When honoring a right to be forgotten request, does a business have to delete information from its backup systems?

Not immediately, but yes. The CCPA does not distinguish or make allowances for backup and other less accessible systems when determining the scope of a business’s obligation to delete the personal information of a consumer...more

If a business receives a right to be forgotten request from an employee, or a former employee, does it have to delete the...

Not necessarily. As an initial matter, employees that are residents of California will not qualify as full “consumers” under the law until January 1, 2021....more

Can a company charge a fee for responding to a right to be forgotten request?

Likely no. Neither the CCPA nor the proposed regulations explicitly address the issue of imposing fees or costs on consumers for responding to requests for access or requests for deletion.  However, the CCPA does prohibit...more

If a consumer sends a request for deletion or a request for access via Twitter or other social media, does a business have to...

Yes, if currently pending regulations are made final. As an initial matter, the statutory text of the CCPA is somewhat unclear regarding a business’s obligations when it receives a request for access or a request for...more

CCPA 2020: Answers to the Most Frequently Asked Questions Concerning Cookies and AdTech

When the CCPA was enacted last year, BCLP published a Practical Guide to help companies reduce the requirements of the Act into practice. Following publication of the Guide, we wrote a series of articles that addressed...more

Survey of Bank and Financial Service Companies' Privacy Practices

To help identify trends in privacy representations, BCLP reviewed the websites and privacy notices of Fortune 500 companies identified as primarily engaged in the banking and financial service sectors. The following...more

If a Company receives a request for deletion request under the CCPA, can it ask the consumer to confirm what information should be...

Yes. In fact, businesses may be required to obtain such confirmation from verified consumers under the current (non-final) regulations. As an initial matter, the CCPA states only that a business may have to delete the...more

If a business receives a deletion request, but is required by foreign law to retain the data, can it deny the request without...

Likely, yes. A consumer’s right to deletion is subject to a number of exceptions.  One of these exceptions is to “comply with a legal obligation.”...more

February 2020: Survey of the Property and Casualty Insurance Industries’ Privacy Representations

To help identify trends in privacy representations, BCLP reviewed the websites and privacy notices of those Fortune 500 companies that are primarily engaged in the property and casualty insurance industries. The data shows...more

Does the CCPA apply to information about businesses?

The CCPA only applies to personal information about “consumers,” a term which is defined as “a natural person who is a California resident.” As corporations or other legal entities are not people, the CCPA does not apply to...more

GDPR Privacy FAQs: Can organizations use “terms and conditions” consent to gain consent to the deployment of cookies?

No. The English supervisory authority, the ICO, has stated that consent requests must be “clearly distinguishable from other matters” and that bundling consent as part of terms and conditions in impermissible. According to...more

CCPA Privacy FAQs: What is the statutory penalty for violation of the CCPA where there is no private right of action?

$2,500 for each violation and $7,500 for each intentional violation. The CCPA only provides a private right of action to any consumer whose unencrypted sensitive-category information has been breached as a result of a...more

California Legislature Passes Six Amendments to the CCPA, But Passes the Buck on Many of the Statute's Problems

The California Consumer Privacy Act ("CCPA") was put together quickly (in approximately one week) as a political compromise to preempt a proposed privacy ballot initiative that contained a number of problematic provisions. ...more

GDPR Privacy FAQs: If a website participates in behavioral advertising, does the GDPR require that it disclose that it is...

 No. The requirement to disclose “sales” of “personal information” to consumers is derived from the California Consumer Privacy Act (the “CCPA”), not European data privacy law....more

CCPA Privacy FAQs: What is the difference between a “first party cookie” and a “third party cookie ”?

Generally speaking, cookies simply are data files saved to a user’s computer.  Certain cookies may qualify as “personal information” under the CCPA, since the CCPA defines “unique personal identifiers,”  to include “cookies”...more

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