DIGITAL MEDIA GHOST
  • Publication
  • #GhostsWriteIt Spotlight
    • Writer Spotlight Submission
  • Services
    • Digital Strategy
      • Content Marketing
      • Law Firm Marketing
      • Social Media Management
    • Ghostwriting
    • Public Relations
      • Social Sabotage & Online Privacy
        • Social Media Policy Template
  • About
  • Publication
  • #GhostsWriteIt Spotlight
    • Writer Spotlight Submission
  • Services
    • Digital Strategy
      • Content Marketing
      • Law Firm Marketing
      • Social Media Management
    • Ghostwriting
    • Public Relations
      • Social Sabotage & Online Privacy
        • Social Media Policy Template
  • About
Search

What Marketers Need to Know About California’s New Consumer Privacy Law

10/31/2018

0 Comments

 
Picture
by Richard B. Newman, Guest Contributor

In 2018, Governor Brown signed into law the strictest consumer privacy law in the nation.  The  policy behind the California Consumer Privacy Act of 2018 is the transparent collection and use of consumers’ personal information.  
​






What is the California Consumer Privacy Act of 2018?



Specifically, California residents are entitled to know the categories of and specific personal information that are being collected; to know the purposes for which personal information will be used; to know the categories of sources from which personal information is collected; to know how and to whom personal information is disseminated or sold; to have the option to opt-out of such dissemination; to be able to access and request the deletion of personal information and request deletion; and not to be discriminated against for exercising their privacy rights.

“Consumers” are individuals defined as Californian “residents” in California’s personal income tax regulations.  

The law applies to for-profit businesses that:
  • Do business in California;
  • Collect consumers’ personal information (directly or indirectly via a third-party);  
  • Determine the manner in which personal information is processed; and
  • Have annual gross revenues in excess of $25 million; annually buys, sells, receives for commercial purposes or shares for commercial purposes the personal information of 50,000 or more consumers, households or devices; or derives 50% or more of its annual revenues from selling consumers’ personal information. 

According to FTC defense lawyer Richard B. Newman, businesses that purchase and sell personal information, including businesses that engage in list sharing, are covered.  Businesses that control or are controlled by a business that meets the foregoing criteria are also subject can also subject to the CCPA if their commercial conduct takes place in California.  

Like the GDPR, the CCPA has an expansive definition of “personal information.”  It includes, without limitation, information that identifies, relates to, describes, is capable of being associated with or could reasonably be linked with a particular consumer or household (e.g., names, addresses, SSN, IP addresses, educational information, data used to create consumer profiles, consumer preferences, etc.).  Personal information is limited to personal information collected online.

“Personal information” does not include publicly available data; reasonably protected data that cannot reasonably identify or describe a consumer; and aggregated data that is unable to be associated with individual consumers or households.

The CCPA has a prescribed period of time to maintain data sale records.  It also requires a “clear and conspicuous” link on websites with the call-to-action “Do Not Sell My Personal Information” so people can opt-out of that practice.  There are additional requirements for data pertaining to children 16 years old and younger.

The Attorney General shall be empowered to impose civil penalties ranging from $2,500 to $7,500, per violation.  The law also provides for a private right of action if personal information is compromised as a result of a failure to implement reasonably necessary security procedures.

The law goes into effect January, 2020.

Time will tell how the new legislation is amended and whether a federal privacy law is passed that would effectively preempt the CCPA.

Takeaway: 
The CCPA has GDPR-like provisions and focuses upon who possesses and sells personal information.  Given the impact on the data-broker industry - exacerbated by Vermont’s new data broker legislation - many businesses will undoubtedly reconsider whether and how to utilize third-party data.

Author

Richard B. Newman is an FTC advertising compliance and defense lawyer at Hinch Newman LLP. He represents internet marketers and advertisers, advises on national direct marketing campaigns, defends regulatory enforcement actions and investigations, and advises on privacy and data security matters.  Contact him via email at rnewman@hinchnewman.com, Follow him on LinkedIn.

Attorney Advertising. Informational purposes only. Not legal advice. Previous case results do not guarantee similar future result. Hinch Newman LLP | 40 Wall St., 35th Floor, New York, NY 10005 | (212) 756-8777.


0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

    Picture
    Become a Ghostwriter!
    Picture
    Contribute to DMG
    Picture
    BECOME A GUEST CONTRIBUTOR
    Picture
    PROMOTE YOUR BUSINESS BY GUEST POSTING
    Picture
    ARE YOU A GHOSTWRITER? WE WANT TO KNOW!
    Picture
    DO YOU HAVE A GHOSTWRITING BUSINESS?

    RSS Feed

    Categories

    All
    Agency Spotlight
    Business
    Digital Marketing
    Ghost In A Flash
    Ghostwriting
    Media Relations
    Privacy Concerns
    Social Sabotage
    Technology
    Writer Spotlight
    Writing

    Advertising Disclaimer

    Archives

    February 2023
    January 2023
    December 2022
    November 2022
    October 2022
    September 2022
    August 2022
    July 2022
    June 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    October 2014
    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    March 2014
    February 2014
    January 2014
    December 2013
    November 2013
    October 2013
    September 2013
    August 2013
    July 2013
    May 2013
    December 2012
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    June 2012

Find your domain and create your site at Weebly.com!
Digital Media Strategy
Content Marketing
Law Firm Marketing
Search Engine Optimization
Social Media Marketing
eBooks
Writing
Becoming a Ghostwriter
Blogging
Content Marketing
Ghostwriting Services
Guest Post Guidelines
Media Relations
Online Crisis Management
Personal Brand
Public Relations
Reputation Management
About
Our Team
Our Results
Testimonials
Contact Us
Locations:
New Orleans, LA
Nashville, TN

DMG University
Privacy Policy | Terms & Conditions | Cookie Policy
Digital Media Ghost  @2020
  • Publication
  • #GhostsWriteIt Spotlight
    • Writer Spotlight Submission
  • Services
    • Digital Strategy
      • Content Marketing
      • Law Firm Marketing
      • Social Media Management
    • Ghostwriting
    • Public Relations
      • Social Sabotage & Online Privacy
        • Social Media Policy Template
  • About