California Data Privacy Lawyers

California has been at the forefront of data privacy regulation in the United States, primarily through two landmark pieces of legislation: the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), which enhances and expands the CCPA. Additionally, specific regulations such as the California Confidentiality of Medical Information Act (CMIA) and others address particular sectors or types of data. Here’s a broad overview of consumer and employee rights under these laws:

California Consumer Privacy Act (CCPA)

For Consumers:

• Right to Know: Consumers can request businesses to disclose what personal information is collected, used, shared, or sold.
• Right to Delete: Consumers can ask businesses to delete personal information collected about them, with some exceptions.
• Right to Opt-Out: Consumers have the right to opt-out of the sale of their personal information. For minors under 16, affirmative consent is required to sell their information.
• Right to Non-Discrimination: Consumers cannot be discriminated against for exercising their CCPA rights.

For Employees:

• While the CCPA primarily focuses on consumer rights, employees also have certain protections under this act. Businesses are required to inform employees about the categories of personal information collected and the purposes for which it is used.

California Privacy Rights Act (CPRA)

The CPRA, effective from January 1, 2023, builds upon the CCPA and introduces additional rights and clarifications:

• Right to Correction: Consumers can request the correction of inaccurate personal information held by a business.
• Right to Limit Use and Disclosure of Sensitive Personal Information: Consumers have the right to direct businesses to limit the use of their sensitive personal information.
• Expanded Right to Know: Consumers can request information about the automated decision-making processes and the outcomes of those decisions.
• Right to Opt-Out of Automated Decision-Making Technology: Consumers can opt-out of the use of automated decision-making technology in decisions related to their work performance, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
• Employee Rights: The CPRA extends more protections to employees, job applicants, and contractors by requiring businesses to provide notices about information collection and granting them the right to know about, delete, and correct their information.

Sector-Specific Laws

• California Confidentiality of Medical Information Act (CMIA): Protects the confidentiality of individually identifiable medical information.
• California Electronic Communications Privacy Act (CalECPA): Protects against unauthorized access to electronic communication information and devices.
• Shine the Light Law: Requires businesses to disclose upon request how they share personal information for marketing purposes.

Enforcement and Compliance

The California Attorney General’s office is responsible for enforcing these laws, with the CPRA establishing a new enforcement arm, the California Privacy Protection Agency (CPPA), which has the authority to enforce and implement consumer privacy laws and impose fines for violations.

It’s important for both consumers and employees in California to be aware of these rights and for businesses to ensure compliance with these regulations to avoid penalties and build trust with their customers and employees.