Official Summary Text
SB 435, as amended, Wahab.
California Consumer Privacy Act of 2018:
sensitive personal information.
personal information: exemptions.
The California Consumer Privacy Act of 2018
(CCPA)
grants to a consumer various rights with respect to personal information that is collected by a business, including the right to
direct a business that collects sensitive personal information about the consumer to limit its use of the consumer’s sensitive personal information, as defined, to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services, to perform certain other services, and as authorized by certain regulations.
delete personal information.
The California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA and establishes the California Privacy Protection Agency and vests the agency with full administrative power, authority, and jurisdiction to enforce the CCPA.
Existing law provides that sensitive personal information that is publicly available, as defined, is not considered sensitive personal information or personal information.
This bill would remove that provision regarding publicly available sensitive personal information.
The CCPA excludes from the
definition of “personal information” publicly available information. Existing law defines “publicly available” for these purposes to include 3 types of information. One type is information that a business has a reasonable basis to believe is lawfully made available to the general public by the consumer or from widely distributed media.
This bill would revise that part of the definition of “publicly available” by removing the condition that the business have a reasonable basis to believe the information is lawfully made available.
The CCPA also includes in that definition of “publicly available” information made available by a person to whom the consumer has disclosed the information if the consumer has not restricted the information to a specific audience.
This bill would
delete that part of the definition of “publicly available.”
This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.