One common error that data experts roll their eyes at is people who assume data protection and data privacy mean the same thing. Signed into law on the 28th day of June 2018, the CCPA California is set to enhance privacy rights and protection for her citizens. In simple terms, data privacy deals with who or what can access the data, while data protection deals with what can be done with or to the data.
In a previous post, we analyzed what the requirements were for CCPA California compliance. In today’s post, we will consider the three key concepts behind CCPA California.
These three key concepts are:
- Collection
- Sale
- Disclosure for business purposes
The CCPA California’s rights and obligations center around the three concepts listed above. Now, let’s explore each one.
“Collection” Under CCPA California
The key concept of “collection” refers to any form of receipt or access to a consumer’s personal information. This includes data received “actively or passively, or by observing the consumer’s behavior”.
“Sale” Under CCPA California
The key concept of “sale” refers to any form of disclosure, partially or in whole to another company or unauthorized third party “for monetary or other valuable consideration”. Some quarters, like Brave Browser, have argued that this concept has a loophole that malefactors could exploit.
“Disclosure for business purposes” Under CCPA California
The key concept of “disclosure for a business purpose” is a very broad one that seeks to cover all manner of disclosure that happens in the course of standard business operations. So long as they were not made “for monetary or other valuable consideration”, it differentiates it from disclosure for “sale” purposes.
Some standard operational purposes allowed under this key concept include security checks, customer service and delivery, data analysis, billing and payments, internal surveys, marketing and so on. We can notice that all these purposes capture businesses and third-party vendors dealing with the data as pure processors.
As you make efforts to keep your business in CCPA California compliance, keep these three points of focus in mind.