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

Collecting Personal Information from Customers in California

If you are collecting personal information from customers in California, you must comply with the California Civil Code and the California Consumer Privacy Act (CCPA) [2.1]([2.1]).

According to the California Civil Code, an agency can only maintain personal information that is relevant and necessary to accomplish a purpose required or authorized by the California Constitution or statute or mandated by the federal government [1.1]([1.1]). Therefore, before collecting personal information from customers in California, you should carefully consider whether the information is necessary for the purpose of your agency.

Under the CCPA, businesses must provide consumers with notice at or before the point of collection of their personal information [2.1]([2.1]). The notice must include the categories of personal information to be collected and the purposes for which the categories of personal information will be used [2.1]([2.1]).

Additionally, businesses must obtain explicit consent from consumers before collecting sensitive personal information, such as financial information, social security numbers, and driver’s license numbers [2.1]([2.1]).

It is important to note that personal information includes any information that identifies or describes an individual, including but not limited to, the individual’s name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history [1.6]([1.6]).

If you collect personal information from customers in California, you must ensure that the information collected is relevant and necessary for the purpose of your agency. You must also provide notice to consumers at or before the point of collection and obtain explicit consent before collecting sensitive personal information.

If you intentionally disclose personal information obtained from a state or federal agency, you may be subject to a civil action for invasion of privacy [1.4]([1.4]). In any successful action brought under this section, the complainant, in addition to any special or general damages awarded, shall be awarded a minimum of two thousand five hundred dollars ($2,500) in exemplary damages as well as attorney’s fees and other litigation costs reasonably incurred in the suit [1.4]([1.4]).

Additional Considerations

It is important to note that nothing in the California Civil Code or the CCPA shall be construed to deny or limit any right of privacy arising under Section 1 of Article I of the California Constitution [1.5]([1.5]).

If you have any further questions or concerns about collecting personal information from customers in California, it is recommended that you consult with a legal professional.

Source(s):
Jurisdiction

California