California Data Protection Lawyers

California has been at the forefront of data protection laws in the United States, particularly with laws focusing on consumer and employee data. The primary laws governing data protection in California include the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), along with specific provisions relating to employee data. Here’s an overview of these laws:

California Consumer Privacy Act (CCPA)

The CCPA, effective as of January 2020, grants California consumers new rights regarding their personal information and imposes data protection obligations on certain businesses. Key aspects include:

• Right to Know: Consumers can request to know what personal information a business has collected about them and how it is used and shared.
• Right to Delete: Consumers can request the deletion of their personal information held by businesses.
• Right to Opt-Out: Consumers can direct businesses not to sell their personal information.
• Non-Discrimination: Businesses cannot discriminate against consumers who exercise their CCPA rights.

California Privacy Rights Act (CPRA)

The CPRA, passed in November 2020 and set to expand the CCPA’s protections, will be fully enforceable from July 2023. It introduces additional rights and strengthens existing ones:

• Right to Correction: Consumers can request the correction of their personal information held by a business.
• Right to Limit Use and Disclosure of Sensitive Personal Information: Consumers can limit the use of their sensitive personal information for anything beyond essential services.
• Expansion of Definitions: The CPRA expands definitions, including a broader definition of what constitutes “selling” data, to include “sharing” data for behavioral advertising.

Employee Data Protection

• Under the CCPA, and continuing with the CPRA, there are specific provisions for employee data:
  • Notice at Collection: Employers must inform employees at or before the point of collecting their personal information about the categories of personal information to be collected and the purposes for which it is used.
  • Extended Rights: Initially, employee rights under the CCPA were limited, but the CPRA extends many consumer rights to employees. This includes access to personal information, correction, and the right to delete data post-employment under certain conditions.

Enforcement and Compliance

• California Privacy Protection Agency (CPPA): Established under the CPRA, the CPPA is tasked with implementing and enforcing the CCPA and CPRA.
• Private Right of Action: Consumers have a limited right to sue for breaches of certain unencrypted and sensitive personal information under CCPA and CPRA.

These laws are part of a broader movement in the U.S. towards more rigorous data protection regulations and indicate a growing recognition of data privacy as a critical issue. Businesses operating in California or handling Californian residents’ data must comply with these regulations, which can include significant penalties for non-compliance.