Jul 19, 2018 New Data Privacy Law in California Impacts Large and Small Companies
California recently passed a new data privacy law which will begin to affect companies both large and small going forward. The new law is in response to several data breaches and the increasing amount of personal information that has been collected and made available online.
The new law is the implementation and codification of the California right to privacy. This right to privacy is not the same right as enumerated in U.S. Supreme Court jurisprudence, but an actual right that was adopted by the people of California in 1972 by amending their constitution to include the right of privacy as one of California’s inalienable rights.
The California Consumer Privacy Act of 2018
On the heels of revelations from some of the biggest tech companies in the U.S. about data breaches and data use, California is leading the way in protecting its consumers’ data. The new law was passed to protect consumer data and define what a Californian’s right to privacy is in relation to the internet, the cloud, and other personal data storage vehicles.
The state is creating new rights and new remedies in regards to personal data protection. The new consumer privacy act creates the following specific rights regarding data privacy for Californians:
– The right to know what personal information is being collected about a person;
– The right to know whether personal information is sold or disclosed and to whom;
– The right to say no to the sale of personal information;
– The right to access one’s personal information;
– The right to equal service and price, even after exercising one’s privacy rights.
This list is not only exhaustive, but far reaching, as well. You can be sure that companies both large and small are contemplating and formulating legal challenges to this new law. But what are companies going to do in the meantime?
Impact on California Companies and Businesses
This law will impact any company that collects a person’s personal information. As a result, it pretty much affects all companies who have contact with and collect information about any Californian. This means that companies large and small will have to become familiar with the provisions of the new act, and ensure that they are compliant with each provision.
The remedies included in the new act also create powerful new rights for Californians, as well as corresponding obligations for companies. The California Attorney General will be primarily responsible for the ensuring that companies are compliant with the law. But the new act also creates a private right of action for Californians’ who believe their data has been compromised, or their rights violated under the law.
Understanding and Complying With the New Law
At the Royse Law Firm we are here to help companies with all aspects of federal and state law compliance. This includes helping your company navigate the new laws and obligations imposed as a result of the California Data Privacy Protection Act. Contact us for your company’s legal compliance needs today.Disclaimer: This blog and website are public sources of general information concerning our firm and its lawyers, as well as the information presented. They are intended, but not promised or guaranteed, to be correct, complete, and up-to-date as of the date posted. This blog and website are not intended to be, and are not, sources of legal opinion or advice. The materials, information, and communications on this blog and website do not apply to any particular person, entity, or situation, and do not apply to you or to your specific situation. You will need to consult with an attorney and/or other appropriate professional about your specific situation. Thank you.