Immigration and Citizenship Status Add to Definition of Sensitive Information under California’s Consumer Privacy Act

Jackson Lewis P.C.
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On October 8, 2023, Governor Newsom signed Assembly Bill (AB) 947. Effective January 1, 2024, the bill will revise the California Consumer Privacy Act (CCPA) definition of “sensitive personal information” to include personal information that reveals a consumer’s citizenship or immigration status.

Under the CCPA, consumers have certain rights with regard to their personal information, including enhanced notice, access, and disclosure; the right to deletion; the right to restrict the sale of information; and protection against discrimination for exercising these rights. The CCPA was amended by the California Privacy Rights Act (CPRA) which created a new category of “sensitive personal information” and provides rights with regard to this information including restricting businesses’ use of sensitive information.

Companies covered by the CCPA/CPRA should review privacy policies and procedures to ensure that immigration and citizenship are covered as sensitive information.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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