Cameron Miranda
California has a number of privacy laws in place to protect the personal information of its residents. These laws apply to both online and offline businesses, as well as government agencies, and outline the rights that consumers have regarding their personal information. For example, consumers can request that a business disclose what personal information they have collected, correct inaccurate information, or delete their personal information entirely. Businesses are required to implement security measures to protect personal information and notify consumers in the event of a data breach. California's hacking laws also make it illegal to access a computer, computer system, or network without permission, with penalties ranging from fines to jail time depending on the extent of the damage caused. Given the state's comprehensive privacy laws and active legal space for website accessibility and privacy lawsuits, it is important for web admins to understand their obligations when it comes to accessing logs in California.
| Characteristics | Values |
|---|---|
| Privacy laws | California Consumer Privacy Act of 2018, California Privacy Rights Act of 2020 (CCPA), Civil Code §§ 1798.100 et seq., California Online Privacy Protection Act of 2003 (CalOPPA), Business and Professions Code §§ 22575-22579 |
| Consumer rights | Access, delete, opt out of the sale of their personal information, request changes to their information, know how their personal information is being used |
| Business requirements | Provide a privacy policy, maintain reasonable security procedures and practices, notify consumers of data breaches, dispose of customer records containing personal information when no longer needed, notify consumers of their rights |
| Enforcement | California Attorney General, private right of action, civil penalties, criminal penalties, administrative fines, termination |
| Website accessibility | ADA Website Compliance in California, Unruh Act, Web Content Accessibility Guidelines (WCAG) 2.1 Level AA |
| Computer hacking laws | Unauthorized computer access, California Penal Code 502(c), punishable by up to a year in county jail, fines up to $5,000, felony offense if damages exceed $950 |
| Data brokers | Senate Bill (S.B.) 362, the Delete Act, registration and reporting requirements, consumer rights requests, deletion mechanism |
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What You'll Learn
Consumer privacy rights
California has some of the most robust consumer privacy laws in the United States. The California Consumer Privacy Act (CCPA) of 2018, and its subsequent amendments, provide consumers with a host of rights and protections regarding their personal information.
The CCPA gives consumers the right to know what personal information a business collects about them, how it is used, and with whom it is shared. Consumers can request that a business disclose the personal information it has collected about them, and from whom, why it was collected, and to whom it was sold. Consumers also have the right to request that a business delete their personal information, with some exceptions. For example, a business does not have to delete personal information if it is needed to complete a transaction or provide a good or service requested by the consumer. Consumers can also request that a business correct inaccurate personal information.
The CCPA also grants consumers the right to opt out of the sale or sharing of their personal information, including via the Global Privacy Control (GPC). This means that consumers can choose to prevent businesses from selling or sharing their personal information with third parties. Additionally, consumers have the right to limit the use and disclosure of their sensitive personal information, such as their social security number, financial account information, precise geolocation data, or genetic data. Consumers can direct businesses to use this type of sensitive information only for limited purposes, such as providing the services requested by the consumer.
The CCPA also includes anti-discrimination provisions. Businesses are prohibited from discriminating against consumers who exercise their rights under the CCPA. For example, a business cannot deny goods or services to a consumer or charge different prices if a consumer chooses to opt out of the sale of their personal information.
To ensure compliance with the CCPA, businesses are required to implement and maintain reasonable security procedures and practices to protect personal information from unauthorized access, destruction, use, modification, or disclosure. This includes establishing and maintaining appropriate administrative, technical, and physical safeguards. In the event of a data breach, businesses must notify affected individuals and the California Attorney General if the breach involves the personal information of more than 500 California residents.
California's privacy laws also address the privacy of medical information. The Confidentiality of Medical Information Act (CMIA) imposes fines on entities that obtain, disclose, or use medical information in violation of the law. Additionally, the California Online Privacy Protection Act (CalOPPA) requires operators of commercial websites or online services that collect personally identifiable information from California consumers to conspicuously post their privacy policies. This includes outlining what information is collected, with whom it is shared, and how consumers can review and request changes to their information.
The state's privacy laws also protect the privacy of children's information. Operators of websites or online services primarily designed for K-12 school purposes are prohibited from using personally identifiable information to target advertising or create profiles of K-12 students, and from selling students' information.
California residents can exercise their rights under the CCPA by reviewing businesses' privacy policies and making requests to know, delete, correct, or limit the use of their personal information. Businesses are required to provide methods for consumers to exercise their rights and must respond to consumer requests.
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Business privacy policy requirements
In California, privacy laws require businesses to implement and maintain reasonable security procedures and practices to protect personal information from unauthorized access, destruction, use, modification, or disclosure. This includes notifying affected individuals and the California Attorney General in the event of a data breach. Additionally, businesses must provide consumers with a notice of the information collected, its uses, and the parties with whom it is shared.
The California Consumer Privacy Act (CCPA) grants consumers the right to access, delete, and opt out of the sale of their personal information. Businesses are required to maintain a privacy policy detailing these rights and their privacy practices. This policy should be easily accessible, written in plain language, and updated at least annually. It should also outline the categories of personal information collected, how it is shared, and the security measures in place to protect it.
The California Online Privacy Protection Act (CalOPPA) requires operators of commercial websites or online services that collect personally identifiable information from California consumers to conspicuously post their privacy policies. This includes outlining the information collected, with whom it is shared, and how consumers can review and request changes to their information.
Other laws, such as the federal Health Insurance Portability and Accountability Act (HIPAA) and the Gramm-Leach-Bliley Act, impose additional privacy requirements on specific industries, such as healthcare and financial services.
Businesses should also be aware of international privacy laws, such as the General Data Protection Regulation (GDPR) in the EU, which may apply if they have customers from those regions. These laws often require similar practices, such as obtaining consent before collecting personal information and providing detailed privacy notices.
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Website operator obligations
Website operators in California have a number of obligations to fulfil under state law. The California Constitution enshrines the right to privacy as an inalienable right, and this is enforced through the California Consumer Privacy Act (CCPA), which provides a complex set of compliance issues for companies. The CCPA gives consumers the right to access, delete, and opt out of the sale of their personal information, and businesses are required to maintain a privacy policy detailing those rights and their privacy practices. This policy must be updated at least once a year and must be easily found, with a distinctive link commonly listed under the heading "Your California Privacy Rights".
The California Online Privacy Protection Act of 2003 (CalOPPA) requires operators of commercial websites that collect personally identifiable information (PII) from California residents to post a privacy policy on their website. PII includes information such as name, address, email address, telephone number, date of birth, and Social Security number. The website operator's privacy policy must outline what PII is collected, with whom it is shared, and how consumers can review and request changes to their information. CalOPPA also requires privacy policies to disclose how websites respond to web browser "do not track" signals and whether third parties may collect PII about an individual's online activities across different websites.
The Student Online Personal Information Protection Act (SOPIPA) is a law that aims to safeguard the privacy of K-12 students' personal information collected and maintained by online platforms used for educational purposes. Businesses providing services to K-12 students must comply with SOPIPA's requirements, which prohibit operators of such websites from using students' PII for targeted advertising or creating profiles for commercial purposes.
The Privacy Rights for California Minors in the Digital World Act, enacted in 2013, addresses the privacy challenges faced by children in the online environment. This law prohibits operators of websites, online services, applications, or mobile apps directed at minors from engaging in certain advertising practices, such as promoting tobacco, alcohol, or firearms. It also outlines the obligations of operators regarding the use and disclosure of minors' personal information in the context of marketing and advertising.
In October 2023, the Delete Act was signed into law, overhauling data broker law to include more detailed registration and reporting requirements, expansion of metrics related to consumer rights requests, and the creation of a new deletion mechanism. Data brokers must process all pending deletion requests at least once every 45 days as of January 1, 2026.
Other obligations for website operators in California include providing notification of data breaches to affected individuals and notifying the California Attorney General if more than 500 California residents are affected. Businesses must also implement and maintain reasonable security procedures and practices to protect personal information from unauthorized access, destruction, use, modification, or disclosure.
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Data broker registration
In California, a "data broker" is defined as "a business that knowingly collects and sells to third parties the personal information of a consumer with whom the business does not have a direct relationship." Data brokers are required to register with the California Privacy Protection Agency (CPPA) annually in January. This involves reporting specific information about their business and paying a fee. The registration form can be found on the CPPA's website, and the list of registered data brokers is publicly available.
The California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (CCPA), requires businesses to implement and maintain reasonable security procedures and practices to protect personal information. This includes training employees on how to handle customer data securely. Additionally, the California Online Privacy Protection Act of 2003 (CalOPPA) mandates that commercial websites collecting personally identifiable information from California consumers must post their privacy policies conspicuously. These policies should outline the information collected, its usage, and sharing practices, as well as how consumers can review and request changes to their data.
To enhance consumer rights, Governor Gavin Newsom signed the Delete Act (Senate Bill 362) into law in October 2023. This Act introduced more detailed registration and reporting requirements for data brokers and expanded metrics related to consumer rights requests. Notably, it established a new deletion mechanism that mandates data brokers to process all deletion requests at least once every 45 days from January 1, 2026, and instruct their contractors and service providers to do the same.
From July 1, 2025, data brokers must also report specific information on their website privacy policies, including the number of consumer requests received, complied with, or denied during the previous calendar year. This includes requests to limit the use and disclosure of sensitive personal information. Furthermore, starting in 2026, consumers will be able to submit deletion requests directly to the CPPA, rather than contacting individual data brokers.
To ensure compliance with privacy laws, data brokers will be subject to audits by independent third parties beginning January 1, 2028, and every three years thereafter. They must also disclose whether they have undergone such audits when registering with the CPPA from January 1, 2029. These measures empower consumers to exercise greater control over their personal information and hold data brokers accountable for their data handling practices.
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Hacking and unauthorized access
California has enacted comprehensive legislation to address hacking and unauthorized access. The primary law governing these offenses is the California Penal Code Section 502, also known as the "Comprehensive Computer Data Access and Fraud Act." This statute outlines various computer-related crimes and prescribes penalties for violations. Unauthorized access to computer systems is a serious offense under this law, including accessing, altering, deleting, or destroying data without permission.
Hacking, or "unauthorized computer access," is defined in California law as knowingly accessing any computer, computer system, or network without permission. It is often a misdemeanor, punishable by up to a year in county jail. However, the punishments for computer hacking can become more severe, depending on the use made of the entry and the damage caused. For instance, if the hacking activity causes substantial financial loss, damage to critical infrastructure, or poses a threat to public safety, the penalties can be more severe. Additionally, repeat offenders may face harsher penalties, including longer prison sentences and higher fines.
California law also prohibits the use of sophisticated hacking techniques, such as bypassing security protocols, exploiting software vulnerabilities, and using stolen credentials. It is illegal to use these methods to gain unauthorized access to computer systems or networks, and offenders may be subject to stringent penalties.
Businesses in California are required by law to implement and maintain reasonable security procedures and practices to protect personal information from unauthorized access, destruction, use, modification, or disclosure. This includes maintaining the security and confidentiality of records and providing notification of data breaches to affected individuals and the California Attorney General.
The state's robust legal framework and stringent penalties for hacking and unauthorized access underscore California's commitment to combating cybercrime and protecting its residents and businesses from potential threats.
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Frequently asked questions
The CCPA is a law that requires businesses to inform customers about how they're using their personal information, including their name, email, and shopping history. It also requires businesses to ensure that their privacy policies are reasonably accessible to those with disabilities.
The CCPA is generally enforced by the Attorney General, but it does provide a private right of action in cases of unauthorized access, exfiltration, theft, or disclosure of non-encrypted or non-redacted personal information. Consumers can bring a legal action for statutory damages ranging from $100 to $750 per violation or actual damages, whichever is greater.
Personal information includes an individual's first name or first initial and last name in combination with a Social Security number, driver's license number, California identification number, medical information, account information, and other categories.
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