Understanding California’s Data Privacy Rules
California has enacted laws, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), that significantly impact how websites handle user data. These laws aim to give California residents more control over their personal information. If your website has visitors from California, it’s crucial to understand and comply with these regulations.
Key Requirements for Websites
The CCPA/CPRA establishes several requirements for websites that collect data from California residents. Here’s what you need to know:
Transparency: You must inform users about the data you collect and how you use it. This includes data collected through cookies and similar tracking technologies. Specifically, you need to provide a “notice at collection” that details the categories of personal information collected, the purposes for collection, and whether that data is sold or shared. This notice should be clear and easy for users to find before or at the point of data collection.
Opt-Out Rights: California residents have the right to opt out of the “sale” or “sharing” of their personal information. This is particularly relevant to how cookies are used for targeted advertising. Your website must provide a clear and conspicuous mechanism for users to exercise this right, such as a “Do Not Sell or Share My Personal Information” link. You also need to respect user-enabled global privacy controls, like the Global Privacy Control (GPC).
Privacy Policy: A comprehensive privacy policy is essential. It should detail the types of data you collect, how you use it, and users’ rights under the CCPA/CPRA. This policy must be updated at least every 12 months and should include information about how users can exercise their rights.
Data Security: You must implement reasonable security measures to protect the personal information you collect. This includes protecting data from unauthorized access, destruction, use, modification, or disclosure. The level of security should be appropriate to the sensitivity of the data.
User Rights: California residents have the right to:
Access: Request details about the personal information you have collected about them.
Delete: Request the deletion of their personal information (with some exceptions).
Correct: Request the correction of inaccurate personal information.
Your website may need features to facilitate these requests, such as online forms or dedicated contact information. You must also respond to these requests within a specified timeframe.
Cookies and CCPA/CPRA Compliance: Cookies play a significant role in online data collection, and CCPA/CPRA compliance requires careful attention to how your website uses them. You’ll need to:
Provide clear and conspicuous notice about your website’s use of cookies.
Obtain user consent for non-essential cookies.
Allow users to opt out of targeted advertising and other data sharing involving cookies.
If you want to dive deeper into the specifics, here are the original sources:
California Privacy Protection Agency (CPPA): https://cppa.ca.gov/
California Attorney General – CCPA: https://oag.ca.gov/privacy/ccpa