In California, cable service providers are subject to stringent privacy regulations, especially under the California Consumer Privacy Act (“California CCPA”) and other state-specific laws.
The California Consumer Privacy Act is a landmark privacy law in California that grants residents extensive rights over their personal data and imposes significant obligations on businesses that collect, process, or sell such data. The CCPA, which was enacted in 2018 and effective from January 1, 2020, aims to enhance consumer data privacy and transparency.
1. Scope and Applicability:
The law applies to for-profit businesses that:
– Have annual gross revenues exceeding $25 million, OR
– Buy, receive, or sell the personal information of 50,000 or more consumers, households, or devices, OR
– Derive 50% or more of annual revenues from selling consumers’ personal information.
– Non-profit organizations and smaller businesses not meeting these thresholds are typically exempt.
2. Consumer Rights:
Right to Know: Consumers can request details about the following items:
– The categories of personal information a business collects.
– The purposes for data collection and sharing.
– The categories of third parties with whom data is shared.
Right to Delete: Consumers can request the deletion of their personal information, subject to certain exceptions (e.g., for legal or service-related needs).
Right to Opt Out: Consumers can opt out of the sale of their personal information. Businesses must provide a clear “Do Not Sell My Personal Information” link on their website.
Right to Non-Discrimination: Businesses cannot deny services, charge different prices, or provide a lower quality of service to customers exercising their CCPA rights.
3. Business Obligations:
– Provide a clear and accessible privacy policy detailing data collection practices.
– Offer at least two methods for submitting consumer requests, including a toll-free number and a web form.
4. Definition of Personal Information:
– Includes identifiers like names, addresses, and IP addresses, as well as broader categories like browsing history, geolocation data, biometric information, and inferences about preferences.
5. Enforcement and Penalties:
– The California Attorney General can enforce compliance, with fines up to $2,500 per violation or $7,500 for intentional violations.
– Consumers can sue for data breaches, with statutory damages between $100 and $750 per incident or actual damages.
Impact of the CCPA
The CCPA has set a precedent for privacy laws in the United States, influencing other states to propose similar regulations. It also inspired the development of the California Privacy Rights Act (CPRA), which expands upon the CCPA and strengthens consumer protections further (effective January 2023).
The CCPA empowers California residents with unparalleled control over their personal information, reflecting a growing demand for transparency and accountability in data handling practices.
Key Points for California:
1. CCPA Requirements:
– Under the CCPA, companies must inform consumers about the types of data they collect and the purposes for its use.
– Customers have the right to opt out of the sale or sharing of their data.
– Tracking customers without proper disclosure or consent violates the CCPA.
2. Consent for Sensitive Data:
– While certain operational tracking (e.g., for billing or service delivery) may not require explicit consent, any tracking involving sensitive personal information—such as viewing habits or location data—requires clear disclosure and potentially an opt-in.
3. Cable Communications Policy Act:
– On top of state laws, the federal Cable Communications Policy Act (“Federal CCPA”) also applies. It prohibits cable providers from collecting personal data about viewing preferences without prior consent unless necessary for delivering services.
4. Enforcement and Penalties:
– Violations of privacy laws in California can result in penalties. Under the CCPA, individuals can file complaints, and the California Attorney General can impose fines for non-compliance.
5. Exemptions:
– Tracking may be permissible without consent if it is strictly necessary for legal compliance, fraud prevention, or service functionality.
In California, cable service providers cannot legally track their customers without disclosure and appropriate consent unless the tracking is necessary for essential service delivery or legal compliance. Customers have robust rights to understand and control how their data is collected and used. Please feel free to contact our law firm to discuss your questions.