US-CaliforniaData & Privacy
GDPR, CCPA, data subject requests, privacy rights
25 questions
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CCPA Rights
(7)What businesses does the CCPA apply to?
The CCPA applies to for-profit businesses that operate in California and meet at least one of these thresholds: $25 million in annual gross revenue, buy/sell personal information of 100,000+ consumers/households/devices, or derive 50%+ of annual revenue from selling personal information.
Can I opt out of the sale of my personal information?
Yes, California residents have the right to opt out of the sale of their personal information under the CCPA and CPRA.
Can I tell a business to delete my personal information under CCPA?
Yes, under the California Consumer Privacy Act (CCPA), you have the right to request that a business delete your personal information, with some exceptions.
What rights do I have under the California Consumer Privacy Act (CCPA)?
Under the CCPA, you have the right to know what personal information a business collects about you, to delete that information, to opt out of its sale, and to non-discrimination for exercising these rights.
Can a business deny me service for exercising my CCPA rights?
No, a business cannot deny you goods or services, charge different prices, or provide a different level of service solely because you exercised your CCPA rights.
Can I opt out of targeted advertising under California privacy law?
Yes, California law gives you the right to opt out of targeted advertising by businesses that sell or share your personal information.
How quickly must a business respond to my CCPA data request?
A business must acknowledge your CCPA data request within 10 days and provide the requested information within 45 days โ with one possible 45-day extension if notified in writing.
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Data Breach Remedies
(3)Can I sue a company for a data breach under California law?
Yes, you can sue a company for a data breach in California under the California Consumer Privacy Act (CCPA), the Confidential Information Protection Act (CIPA), and the California Civil Code ยง 1798.82 โ but only if your unencrypted personal information was accessed and the company failed to implement reasonable security.
What must a company do if my personal data is breached?
If your personal data is breached, a company in California must notify you without unreasonable delay, generally within 45 days, and provide specific information about the breach, including what data was exposed and what the company is doing to fix it.
What damages can I recover for a data breach under CCPA?
Under the CCPA, you may recover statutory damages of $100โ$750 per incident or actual damages, whichever is greater, if a business fails to implement reasonable security and a data breach occurs.
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CPRA & CPA
(3)What is the California Privacy Protection Agency?
The California Privacy Protection Agency (CPPA) is the first agency in the U.S. dedicated to enforcing consumer privacy laws, created by the California Privacy Rights Act (CPRA) to implement and enforce the CCPA and CPRA.
What did the CPRA change about my privacy rights?
The CPRA expanded your privacy rights in California by adding new data rights, strengthening enforcement through the CPPA, and broadening the definition of sensitive personal information.
What is 'sensitive personal information' under CPRA?
Under the California Privacy Rights Act (CPRA), 'sensitive personal information' includes data like Social Security numbers, precise geolocation, racial origin, religious beliefs, sexual orientation, and contents of mail, email, or text messages.
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Privacy Policies
(2)Does CalOPPA require websites to post a privacy policy?
Yes, CalOPPA requires commercial websites and online services that collect personal information from California residents to post a conspicuous privacy policy.
What must a website privacy policy include under California law?
A website privacy policy in California must disclose what personal information is collected, how itโs used and shared, how users can access or delete their data, and whether the site responds to 'Do Not Track' signals.
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Recording Consent
(5)Is California a two-party consent state for recording phone calls?
Yes, California is a two-party consent state for recording phone calls โ all parties to a confidential conversation must agree before it can be recorded.
What is the penalty for illegal wiretapping in California?
In California, illegal wiretapping is a felony punishable by up to 3 years in state prison and/or a $250,000 fine.
Can my employer record my work phone calls without telling me?
No โ in California, your employer generally cannot record your work phone calls without the consent of all parties involved, including you.
Can I sue someone who recorded me without my consent?
Yes, you can sue someone in California for recording you without your consent in a private conversation or situation where you had a reasonable expectation of privacy.
Can I record a police officer in public in California?
Yes, you can legally record police officers in public in California as long as you do not interfere with their duties and are in a place where you have a right to be.
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Children & Sensitive Data
(2)Does CCPA protect my children's data?
Yes, the CCPA gives special protections to childrenโs personal information, especially for kids under 13 and teens aged 13โ15.
Does California law restrict employer use of employee monitoring software?
Yes, California law restricts employer use of employee monitoring software through laws requiring notice, prohibiting secret audio recording, and limiting access to personal electronic accounts.
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Surveillance Limits
(2)Can police use automatic license plate readers without restrictions?
No, police in California cannot use automatic license plate readers (ALPRs) without restrictions. State law limits how long data can be stored, requires public reporting, and prohibits using ALPR data to track individuals' movements without a warrant or specific exception.
Are license plate reader records protected by California privacy law?
Yes, license plate reader (LPR) records are protected under Californiaโs Automatic License Plate Reader Privacy Act, which limits collection, use, retention, and sharing of such data.