California is imposing tough new rules on processing the data of anyone under the age of 18, with the potential to affect businesses that don't target younger consumers.
The California Consumer Privacy Act of 2018 (“CCPA”) is a law that grants California residents new rights to know about and control the collection, sharing, and sale of a broad array of personal information.
The CCPA requires businesses to honor these consumer rights. It generally applies to for-profit businesses that do business in California, but there are some specific requirements.
By its terms, the CCPA does not impose legal obligations on government agencies to provide consumers with access to, and rights over, personal information that such agencies may collect.
However, the CCPA requires that businesses disclose to consumers the categories of sources from which they collect consumer personal information. “Government entities” are among the categories of sources that a business must disclose to consumers if the business does, in fact, collect personal information from one or more government entities.
Additionally, a business must tell consumers the categories of third parties with whom it discloses consumer personal information and for what business purpose. “Government entities” are among the categories of third parties that must be included in disclosures.
The phrase "government entities" is broad and would likely encompass federal, state and local agencies, as well as governmental bodies at all levels that may not be an agency per se, including public schools.
Disclaimer: This content is provided for general informational purposes only and does not constitute legal or other professional advice. Without limiting the foregoing, the content may not reflect recent developments in the law, may not be complete, and may not be accurate or relevant in an applicable jurisdiction. This content is not a substitute for obtaining legal advice from a qualified licensed attorney in the applicable jurisdiction. The content is general in nature and may not pertain to specific circumstances, so it should not be used to act or refrain from acting based on it without first obtaining advice from professional counsel qualified in the applicable subject matter and jurisdictions.
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