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.

Getting Legal Help

If you are facing issues related to consumer privacy in California, seeking legal assistance from a consumer lawyer can be crucial. The California Attorney General’s office oversees the enforcement of privacy laws, and the California Privacy Protection Agency (CPPA) has been established under the CPRA to enforce and implement these laws, as well as to impose fines for violations.

It’s essential for both consumers and employees in California to understand their privacy rights. Consulting with a consumer lawyer can help you navigate these regulations and protect your rights. For businesses, ensuring compliance with these privacy laws is vital not only to avoid penalties but also to build trust with customers and employees. A consumer lawyer can provide the guidance needed to achieve compliance and address any legal issues that may arise.

Get in touch with our experienced consumer data privacy lawyers to see if you have a legal claim today!