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

Yes, you can collect personal information from participants in California, but you must comply with certain requirements.

Relevant and Necessary Personal Information [2.1]

According to Civ Code CACL 1798.14, each agency shall maintain in its records only personal information which is relevant and necessary to accomplish a purpose of the agency required or authorized by the California Constitution or statute or mandated by the federal government.

According to 11 CACR Section 7002, a business’s collection, use, retention, and/or sharing of a consumer’s personal information shall be reasonably necessary and proportionate to achieve the purpose(s) for which the personal information was collected or processed. The purpose(s) for which the personal information was collected or processed shall be consistent with the reasonable expectations of the consumer(s) whose personal information is collected or processed. The business shall obtain the consumer’s consent before collecting or processing personal information for any purpose that does not meet the requirements set forth in subsection (a).

Disclosure of Information [1.1]

Nonpublic personal information shall not be disclosed in a manner not permitted by California law or these regulations.

Therefore, to collect personal information from participants in California, you must ensure that the information collected is relevant and necessary to accomplish a purpose required or authorized by the California Constitution or statute or mandated by the federal government. Additionally, you must obtain the participant’s consent before collecting or processing personal information for any purpose that does not meet the requirements set forth in 11 CACR Section 7002. Finally, you must not disclose any nonpublic personal information in a manner not permitted by California law or these regulations.

Source(s):
Jurisdiction

California