Privacy Perils: California’s New Year Resolution

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Bass, Berry & Sims PLC

This new year finally brings into effect the California Consumer Privacy Act (CCPA), which provides California consumers with certain rights to how their data is used and collected by businesses. For example, they now have the right to opt-out of the sale of their personal information, as well as the right to request deletion of that information. Moreover, each California resident who is the victim of a data breach now may be entitled to $100-$750 even without proving whether harm was done by the breach. The CCPA applies to any for-profit business – regardless of location – that collects personal information of California residents, and that: (1) has $25 million or more in annual revenue; or (2) receives personal data of more than 50,000 consumers, households or devices; or (3) earns more than half of its revenue selling consumers’ personal data. Even a fairly small business with no California office could be subject to the CCPA’s requirements.

How could this impact you? Some of us may have friends or family members who are California residents and now have expanded privacy rights. Others may have clients, friends or family members who own or are responsible for a business that is in the possession of personal information of California residents, and therefore now has expanded privacy obligations.

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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