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Can I collect personal information from my customers in California in Alaska? What are the requirements?

Answer

No, you cannot collect personal information from your customers in California while being in Alaska without complying with the California Consumer Privacy Act (CCPA) [1.1]. The CCPA applies to businesses that collect personal information of California residents, regardless of where the business is located [1.1]. Therefore, if you collect personal information from California residents, you must comply with the CCPA, regardless of your location.

To comply with the CCPA, you must ensure that your collection, use, retention, and/or sharing of a consumer’s personal information is reasonably necessary and proportionate to achieve the purpose(s) for which the personal information was collected or processed [1.1]. Additionally, you must provide a Notice at Collection that discloses the categories of personal information you collect and the purposes for which you will use the information [1.1]. If you intend to collect additional categories of personal information or use the personal information for additional purposes that are incompatible with the disclosed purpose for which the personal information was collected, you must provide a new Notice at Collection [1.1].

Furthermore, if you collect personal information from California residents, you must obtain their consent before collecting or processing personal information for any purpose that does not meet the requirements set forth in the CCPA [1.1].

However, there is an exception for employees and agents of an information collector for a legitimate purpose of the information collector [2.1]. In this case, the good faith acquisition of personal information by an employee or agent of an information collector for a legitimate purpose of the information collector is not a breach of the security of the information system if the employee or agent does not use the personal information for a purpose unrelated to a legitimate purpose of the information collector and does not make further unauthorized disclosure of the personal information [2.1].

In summary, if you collect personal information from California residents, you must comply with the CCPA, regardless of your location. You must ensure that your collection, use, retention, and/or sharing of a consumer’s personal information is reasonably necessary and proportionate to achieve the purpose(s) for which the personal information was collected or processed, provide a Notice at Collection, and obtain consent before collecting or processing personal information for any purpose that does not meet the requirements set forth in the CCPA. However, there is an exception for employees and agents of an information collector for a legitimate purpose of the information collector.

Source(s):
Jurisdiction

California, Alaska