The California Consumer Privacy Act (CCPA) grants California consumers certain privacy rights with respect to information concerning them and their households. Although not every auto dealer will be affected by the CCPA, compliance could be time-consuming and expensive for those who are.
What Is “Personal Information”?
Your business is likely to be (but is not necessarily) subject to CCPA privacy obligations if it handles personal information concerning California residents. ”Personal information” means any information that can identify, relate to, or describe an individual or household, or that can be associated with or linked to a particular individual or household.
Is Your Business Covered?
If your business sells goods or services directly to Californians or tracks information that links vehicles, auto parts, warranties, or maintenance to California consumers, it is probably subject to CCPA privacy obligations, unless a specific exception applies.
Exceptions to Coverage
Your business probably enjoys an exception from CCPA coverage if:
It earns over $25 million in revenue every year;
It handles personal data for at least 50,000 California residents, devices, or households each year;
It earns at least 50 percent of its revenue by selling information concerning California residents; or
It is a non-profit and does not handle personal information on behalf of for-profit businesses.
You don’t have to qualify under all four of the foregoing standards to qualify for an exception – only one is necessary.
What Kind of Information Is Covered?
Almost any information your business collects from marketing, sales, and customer service is subject to CCPA privacy obligations, with the following exceptions:
Information that is collected under the Driver’s Privacy Protection Act of 1994 and other privacy regulations;
Information that is gathered and disclosed under the Gramm-Leach-Bliley Act (GLBA) or its associated regulations; and
Information that is gathered and disclosed under the California Financial Information Privacy Act (CFIPA).
Keep in mind that the above-mentioned legislation includes its own obligations.
What Rights Does the CCPA Give Consumers?
California consumers enjoy a number of rights under the CCPA:
The right to know which information is collected about them;
The right to know how personal information is collected;
The right to know the purpose of information collection;
The right to know whether their person information is being sold and, if so, to whom;
The right to prohibit the sale of their personal information;
The right to demand the deletion of their personal information; and
The right to demand equal treatment from a business, despite the fact that they have exercised any of the privacy rights mentioned above.
What Obligations Does the CCPA Place on Businesses?
If your business is subject to the CCPA, it must:
Provide the required disclosures and documentation;
Respond appropriately to consumer requests; and
Train your employees on CCPA compliance.
Compliance Is More Complicated Than It Looks
For brevity’s sake, the foregoing explanation glosses over many nuances and exceptions. If you are concerned about how to comply with the California Consumer Privacy Act, we can help. Contact CKB Vienna today by calling one of our offices in Rancho Cucamonga, Riverside, and Los Angeles, or by contacting us online to schedule a consultation.
We serve clients in Rancho Cucamonga, San Bernardino County, Los Angeles County, Orange County, and Riverside County.