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California AG Releases Important CCPA Enforcement Information And Announces An Online Consumer Reporting Tool – Privacy | #bumble | #tinder | #pof | #onlinedating | romancescams | #scams


To note the one year anniversary of the California Consumer
Privacy Act (CCPA) enforcement date, California Attorney General
Rob Banta held a press conference on July 19, 2021 to share key information about enforcement efforts and
announce a new consumer privacy tool. He also praised businesses
for their prompt compliance efforts and urged consumers to be
proactive about their privacy rights.

Attorney General Banta began by sharing compliance data, which
his office deemed satisfactory, if not encouraging: “To date,
75% of businesses that received a notice to cure addressed the
alleged CCPA violations within the 30-day window. The remaining 25%
are either within their 30-day window or are under an active
investigation.”

Enforcement Profiles

The California Department of Justice began enforcing the CCPA on
July 1, 2020, when it first started to notify businesses of
potential non-compliance. The CCPA gave businesses 30 days to cure
or fix the alleged violations. Notices to cure have been issued to
a wide variety of organizations including retailers, manufacturers,
social media platforms, data brokers, marketing companies,
businesses handling children’s data, media outlets, and others.
To help businesses and consumers better understand the enforcement
efforts and successes to date, he also provided four detailed
examples of the alleged CCPA violations his office had addressed in
the last year.

  • In one recent example, users of a social media platform
    complained that the company was slow in responding to CCPA
    requests, and consumers were not notified that their requests had
    been received or, in fact, completed. After receiving the AG’s
    notice to cure, the business promptly fixed its platform and
    further corrected its response measures.
  • In another enforcement example, an online dating app was
    forcing users to accept sharing of their personal information
    whenever they signed up for online dating service. The platform
    also did not have the required “do not share” link. After
    receiving notice of violation and working collaboratively with the
    AG’s office, the company cured the violations and added the
    required link.
  • A car manufacturer failed to notify its consumers of the use of
    their personal information that it collected whenever they signed
    up for test drives. After the AG’s notice of violation, the
    company implemented a notice at collection and further updated its
    privacy policy to include the requisite information.
  • Finally, a grocery chain required consumers to provide their
    personal information in exchange for participation in its loyalty
    program. Yet it failed to provide a notice of a financial incentive
    to participating consumers. Upon receiving a notice of the
    violation, the company promptly took corrective action.

Attorney General Banta emphasized that these examples “are
really encouraging,” as they show that “businesses are
motivated and able to comply with the law.” Given that the
vast majority of businesses are reportedly willing to comply with
the CCPA, the AG’s office is predominantly focusing on ensuring
compliance rather than penalizing businesses. “We don’t
want any ‘gotchas’ here,” he reiterated.

Reminder of CCPA Consumer “Rights”

The AG also encouraged California consumers to be more proactive
about exercising their CCPA rights and reporting the violations:
“The CCPA is only as good as the people who participate in it.
In order to have control of your personal data, you must act.”
Attorney General Banta explained that the CCPA rights are not
self-executing, and individuals must opt out and ensure that they
use the opt-out feature as they see fit. “It’s never too
late,” he concluded, to use the rights and tools provided by
the CCPA.

Broadly speaking, the AG reminded consumers of the following
rights under the CCPA: the right to know, the right to delete, the
right to opt out, rights for minors under 16, the right to
non-discrimination. We have reported on these rights in greater
detail here and have written extensively about the
CCPA here. Yesterday’s press release confirmed
that the AG’s office is laser-focused on protecting
consumers’ CCPA rights and is actively thinking of new ways to
help individuals protect their personal information.

Consumer Reporting Tool for “Do Not Sell”
Opt-Outs

To make reporting even easier, the AG office therefore launched
a new online Consumer Privacy Interactive Tool that allows
consumers to directly notify businesses that they do not appear to
comply with the CCPA. This tool was launched yesterday and is
already available on the AG’s website, though it still has
limited reporting capabilities and is being further developed. The
tool asks consumers to answer several basic questions and then
generates information that can then be emailed to the businesses.
Importantly, reports submitted using this tool may by used
by the AG’s office to trigger a 30-day notice letter to the
business.
Additionally, the AG’s website has an online
complaint form where consumers can submit a
CCPA complaint about businesses they believe are in violation of
the CCPA.

Takeaways

There are two key takeaways from yesterday’s announcement.
First, it is important to note that the AG’s office is heavily
focused on the CCPA enforcement, albeit with the goal of ensuring
compliance rather than penalizing businesses. Second, with the
release of the new privacy reporting tool, businesses need to be
hyper aware of notices of violations that can trigger the 30-day
cure period and must be prepared for an increase of reports of
potential violations.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.



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