The California Privacy Rights Act (CPRA) is a data privacy law that was passed in California in November 2020 as an extension and expansion of the California Consumer Privacy Act (CCPA).
The CPRA introduces new privacy rights for consumers and additional obligations for businesses. The law is expected to go into effect on January 1, 2023.
Why Do We Need CPRA?
The CPRA came about to address some of the shortcomings of the CCPA and to provide Californians with more control over their personal data.
It aims to bring California’s data protection regulations more in line with the EU’s General Data Protection Regulation (GDPR).
CPRA strengthens the rights of consumers and introduces stricter obligations for businesses in handling personal data, thereby improving overall data protection.
How Does CPRA Affect Me?
If you’re a California resident, the CPRA offers you extended data protection rights. These include the right to correct inaccurate personal data, the right to opt out of automated decision-making technology in certain cases, and stronger protections for sensitive personal information.
If you’re a business that collects, processes, or sells the personal data of California residents and meets certain thresholds, you need to comply with the CPRA. It’s important to note that these obligations apply regardless of where your business is located, so long as you handle the data of California residents.
How Can I Stay Safe and Compliant?
If you’re a California resident, you should familiarize yourself with the new rights introduced by the CPRA. Ensure you exercise your data protection rights and be careful when providing personal data online.
If you’re a business, here are the steps you need to take to comply with the CPRA:
- Understand the scope of the CPRA: The CPRA introduces several new rights and obligations, so it’s important to familiarize yourself with them.
- Implement secure data practices: The CPRA requires businesses to implement reasonable security procedures and practices to protect personal data.
- Develop a process to respond to consumer rights requests: The CPRA strengthens consumer rights, including the right to access, delete, and correct their data. Businesses must be able to efficiently and effectively respond to these requests.
- Stay updated: The CPRA also establishes a new enforcement agency, the California Privacy Protection Agency (CPPA). Businesses should monitor updates from the CPPA for any changes to the regulations.
The CPRA represents a significant step forward in the protection of consumer data rights in the United States. Whether you’re a consumer seeking to protect your personal data or a business needing to comply with these new regulations, understanding the CPRA and its implications is crucial.
CPRA FAQs for Beginners
- Q: Who does CPRA apply to?A: The CPRA applies to for-profit businesses that collect and process personal data of California residents and meet certain thresholds. This includes businesses with gross revenues over $25 million, those that buy, sell or share the personal information of 100,000 or more California residents or households, and those that derive 50% or more of their annual revenue from selling or sharing consumers’ personal information.
- Q: What types of personal data does CPRA protect?A: The CPRA protects personal information which is defined as information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
- Q: What are the penalties for non-compliance with CPRA?A: Under the CPRA, fines for violations involving minors under the age of 16 are tripled. For other violations, the California Attorney General can impose penalties up to $7,500 per violation.
- Q: What’s new in CPRA compared to CCPA?A: The CPRA introduces several new provisions, such as the creation of a dedicated enforcement agency (the CPPA), rights to correction, stronger rights to opt out of targeted advertising, and stricter consent requirements for sensitive personal information.
- Q: When does CPRA go into effect?A: The CPRA is expected to go into effect on January 1, 2023.