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Can I skip updating my privacy policy and other CCPA-related documents in California? What are the requirements?
Requirements for Updating Privacy Policy and Other CCPA-related Documents in California
Under the California Consumer Privacy Act of 2018 (CCPA), businesses are required to update their privacy policy and other CCPA-related documents at least once every 12 months [1.2]. The privacy policy must include a description of a consumer’s rights pursuant to Sections 1798.100, 1798.105, 1798.106, 1798.110, 1798.115, and 1798.125 and two or more designated methods for submitting requests [1.2]. The privacy policy must also include a list of the categories of personal information it has collected about consumers in the preceding 12 months, the categories of sources from which consumers’ personal information is collected, the business or commercial purpose for collecting, selling, or sharing consumers’ personal information, and the categories of third parties to whom the business discloses consumers’ personal information [1.2].
Can You Skip Updating Your Privacy Policy and Other CCPA-related Documents in California?
No, you cannot skip updating your privacy policy and other CCPA-related documents in California. Businesses are required to update their privacy policy and other CCPA-related documents at least once every 12 months [1.2]. Failure to comply with the CCPA may result in penalties and fines [1.1].
The California Privacy Protection Agency
The California Privacy Protection Agency (CPPA) is the agency responsible for implementing and enforcing the CCPA [1.3]. The CPPA is governed by a five-member board, including the chairperson. The chairperson and one member of the board are appointed by the Governor. The Attorney General, Senate Rules Committee, and Speaker of the Assembly each appoint one member. These appointments should be made from among Californians with expertise in the areas of privacy, technology, and consumer rights [1.3].
Consumer Privacy Fund
The Consumer Privacy Fund is a special fund created within the General Fund in the State Treasury, and is available upon appropriation by the Legislature first to offset any costs incurred by the state courts in connection with actions brought to enforce the CCPA, the costs incurred by the Attorney General in carrying out the Attorney General’s duties under the CCPA, and then for the purposes of establishing an investment fund in the State Treasury, with any earnings or interest from the fund to be deposited in the General Fund, and making grants to promote and protect consumer privacy, educate children in the area of online privacy, and fund cooperative programs with international law enforcement organizations to combat fraudulent activities with respect to consumer data breaches [1.4].
Methods of Limiting Sale, Sharing, and Use of Personal Information and Use of Sensitive Personal Information
A business that sells or shares consumers’ personal information or uses or discloses consumers’ sensitive personal information for purposes other than those authorized by subdivision (a) of Section 1798.121 shall, in a form that is reasonably accessible to consumers, provide a clear and conspicuous link on the business’s internet homepages, titled “Do Not Sell or Share My Personal Information,” to an internet web page that enables a consumer, or a person authorized by the consumer, to opt-out of the sale or sharing of the consumer’s personal information [1.5].
Conclusion
In conclusion, businesses cannot skip updating their privacy policy and other CCPA-related documents in California. The privacy policy must include a description of a consumer’s rights, two or more designated methods for submitting requests, and a list of the categories of personal information it has collected about consumers in the preceding 12 months, among other requirements. The California Privacy Protection Agency is responsible for implementing and enforcing the CCPA, and the Consumer Privacy Fund is available to offset costs incurred by the state courts and the Attorney General in connection with the CCPA, and to make grants to promote and protect consumer privacy.
Source(s):
- [1.1] Section 1798.199.40 - California Consumer Privacy Act of 2018
- [1.2] Section 1798.130 - California Consumer Privacy Act of 2018
- [1.3] Section 1798.199.10 - California Consumer Privacy Act of 2018
- [1.4] Section 1798.160 - California Consumer Privacy Act of 2018
- [1.5] Section 1798.135 - California Consumer Privacy Act of 2018
Jurisdiction
California