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Can I collect age information from participants in California? What are the requirements?

Here is the response to your query:

Collecting Age Information from Participants in California

If you are collecting age information from participants in California, you must comply with the California Consumer Privacy Act (CCPA) [1.1][1.2]. The CCPA requires businesses that collect personal information from California residents to provide certain notices and disclosures, including a notice at or before the point of collection that informs consumers of the categories of personal information to be collected and the purposes for which the categories of personal information shall be used [1.1].

Age Requirements for Collection of Personal Information

The CCPA imposes specific requirements for the collection of personal information from consumers who are less than 13 years of age and those who are at least 13 years of age and less than 16 years of age [1.1][1.2].

  • For consumers less than 13 years of age, businesses must obtain verifiable parental consent before collecting, using, or disclosing the child’s personal information [1.2].
  • For consumers at least 13 years of age and less than 16 years of age, businesses that have actual knowledge that they sell or share the personal information of such consumers must establish, document, and comply with a reasonable process for allowing such consumers to opt-in to the sale or sharing of their personal information [1.1].

Opt-In and Opt-Out Requirements

If you are collecting age information from participants in California, you must also comply with the opt-in and opt-out requirements of the CCPA [1.1][1.2].

  • For consumers less than 13 years of age, businesses must establish, document, and comply with a reasonable method for determining that the person consenting to the sale or sharing of the personal information about the child is the parent or guardian of that child. When a business receives consent to the sale or sharing of personal information, the business shall inform the parent or guardian of the right to opt-out of sale/sharing and of the process for doing so on behalf of their child [1.2].
  • For consumers at least 13 years of age and less than 16 years of age, when a business receives a request to opt-in to the sale or sharing of personal information from a consumer, the business shall inform the consumer of their ongoing right to opt-out of sale/sharing at any point in the future and of the process for doing so [1.1].

Age Discrimination

In addition to the CCPA requirements, businesses must also comply with California regulations prohibiting age discrimination in employment [2.1][3.1][2.2]. These regulations prohibit discrimination on the basis of age over the age of forty and establish exceptions to the rules against age discrimination [2.1][3.1][2.2].

Conclusion

In summary, if you are collecting age information from participants in California, you must comply with the CCPA’s notice and disclosure requirements, as well as the specific requirements for collecting personal information from consumers less than 13 years of age and those who are at least 13 years of age and less than 16 years of age. You must also comply with the opt-in and opt-out requirements of the CCPA and California regulations prohibiting age discrimination in employment.

Source(s):
Jurisdiction

California