CCPA Vs. CPRA: A Comparative Overview of California’s Privacy Laws

California, a pioneer in legislating data privacy, has introduced two significant laws: the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). This article provides an in-depth comparative overview of CCPA vs. CPRA, shedding light on their key features, differences, and implications for data privacy practices.

California Consumer Privacy Act (CCPA)

The California Consumer Privacy Act (CCPA), which took effect on January 1, 2020, was a groundbreaking piece of legislation that aimed to enhance privacy rights and consumer protection for residents of California. As the first law of its kind in the U.S., CCPA granted Californians the right to know about the personal information businesses collect about them, the purpose of collection, and with whom it is shared. Under CCPA, consumers also gained the power to request the deletion of their personal information, opt-out of the sale of their information, and were protected against discrimination for exercising their privacy rights.

Key provisions of CCPA include requirements for businesses to provide specific disclosures about their data collection practices, maintain data security protocols to protect personal information, and respond to consumer requests for data access or deletion within 45 days. CCPA applies to for-profit entities that do business in California and meet certain criteria related to revenue, data collection, or the sale of personal information.

California Privacy Rights Act (CPRA)

Building on the foundation laid by CCPA, the California Privacy Rights Act (CPRA) was passed by California voters in November 2020 and is set to fully come into effect on January 1, 2023. CPRA not only expands upon the rights established under CCPA but also introduces new concepts and obligations for businesses. Key enhancements include the establishment of the California Privacy Protection Agency (CPPA), which is tasked with enforcing the state's privacy laws and providing guidance to businesses and consumers about their rights and responsibilities.

CPRA introduces several new rights for consumers, including the right to correct inaccurate personal information, the right to limit the use and disclosure of sensitive personal information, and the right to opt-out of automated decision-making. Furthermore, CPRA imposes stricter obligations on businesses regarding data minimization, purpose limitation, and the safeguarding of personal information. It also extends protections to cover "sharing" of personal information for targeted advertising, effectively broadening the scope of what constitutes a sale.

Key Differences Between CCPA and CPRA

Scope and Applicability

• CCPA: Applies to for-profit businesses operating in California that meet certain criteria related to annual gross revenues, the volume of personal information traded, and those that derive a majority of their annual revenue from selling consumers' personal information.

• CPRA: Retains the CCPA's applicability criteria but introduces additional provisions that apply to businesses that share personal information for cross-context behavioral advertising, even if they do not sell personal information.

Consumer Rights

• CCPA: Empowers consumers with the right to know about the personal information collected, sold, or disclosed about them, the right to delete personal information held by businesses, and the right to opt-out of the sale of their personal information.

• CPRA: Builds on the CCPA by introducing the right to correct inaccurate personal information, limiting the use of sensitive personal information, and the right to opt-out of the sharing of personal information for cross-context behavioral advertising.

Business Obligations

• CCPA: Requires businesses to provide notice at the point of collection, maintain data security, and facilitate consumer rights requests.

• CPRA: Adds requirements for risk assessments, cybersecurity audits, and regular reporting for high-risk activities. It mandates data minimization and purpose limitation principles, ensuring businesses collect only necessary information for a stated purpose and retain it only for as long as needed.

Enforcement and Penalties

• CCPA: Enforcement is carried out by the California Attorney General, with civil penalties for violations and a private right of action for consumers in cases of data breaches.

• CPRA: Establishes the California Privacy Protection Agency (CPPA) with the authority to enforce the law, conduct audits, and impose administrative fines. It expands the scope of the private right of action for consumers.

Implications for Businesses and Consumers

The evolution from CCPA to CPRA signifies a shift towards more stringent data privacy practices. Businesses must adapt to these changes by updating privacy policies, enhancing data security measures, and ensuring compliance with new consumer rights. Consumers, on the other hand, benefit from increased transparency, control over their personal information, and enhanced protections against misuse of their data.

Staying Compliant with California’s Data Privacy Laws

In the dynamic landscape of data privacy regulations, staying compliant requires vigilance, adaptability, and a proactive approach. For organizations in and around Southern California, The Shredders offers a comprehensive suite of commercial shredding services designed to aid in compliance with California's data privacy laws.

How The Shredders Can Help

Our services extend beyond traditional paper document shredding to include the secure destruction of hard drives, electronic media, and products. By choosing The Shredders, businesses can ensure that sensitive information is irrecoverably destroyed, mitigating the risk of data breaches and non-compliance with the CCPA and CPRA.

• Document Shredding: Our secure document shredding services are tailored to meet the needs of businesses of all sizes, ensuring that personal and sensitive information is destroyed in accordance with legal requirements.

• Hard Drive and Media Destruction: We provide secure and certified destruction of electronic media, including hard drives, ensuring that data cannot be recovered or misused.

• Product Destruction: For businesses that handle sensitive products or prototypes, our product destruction services ensure that proprietary materials are securely disposed of.

Stay Compliant. Contact The Shredders Today

The CCPA and CPRA are landmarks in the journey towards robust data privacy protections. As these laws evolve, so too must the practices of businesses that handle consumer data. Staying compliant not only requires understanding the nuances of these regulations but also implementing stringent data destruction policies.

At The Shredders, we are committed to helping businesses in Southern California and beyond navigate the complexities of data privacy compliance. Our shredding services are designed to provide peace of mind, ensuring that your business meets the stringent requirements set forth by California's privacy laws. If you are in or around Southern California and looking to enhance your privacy practices, contact us at The Shredders to get started or to learn more about our shredding services. Together, we can ensure that your business is not only compliant but also a leader in protecting consumer privacy.

---

FAQs

• What types of businesses are affected by CCPA and CPRA?

  CCPA and CPRA apply to for-profit businesses operating in California that meet specific criteria regarding revenue, the volume of personal information handled, or income derived from selling personal information. CPRA adds conditions related to sharing personal information for advertising.

• How do CCPA and CPRA define "personal information"?

  Both laws define personal information broadly as information that identifies, relates to, or could reasonably be linked with a particular California resident or household. CPRA further specifies categories of sensitive personal information requiring stricter handling.

• What rights do consumers have under CCPA and CPRA?

  Under CCPA, consumers have the right to know about, access, delete, and opt-out of the sale of their personal information. CPRA adds the rights to correct inaccurate information, limit the use of sensitive information, and opt-out of sharing personal information for behavioral advertising.

• How can businesses comply with the new requirements introduced by CPRA?

  Businesses can comply by updating their data collection, processing, and security practices to accommodate consumer rights under CPRA, conducting risk assessments, and ensuring that data handling processes respect the principles of data minimization and purpose limitation.

• What are the penalties for non-compliance with CCPA and CPRA?

  Non-compliance can result in civil penalties imposed by the California Attorney General under CCPA and administrative fines by the California Privacy Protection Agency under CPRA. Both laws also provide for a private right of action in the event of data breaches.