Deletion Completion Under the CCPA

2019_12_01_18_26_14

Deletion Completion Under the CCPA

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Locke Lord Publications

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The effective date for the California Consumer Privacy Act (CCPA) is January 1, 2020. With fewer than 60 days remaining, covered businesses must be ramping up to meet the requirements of the CCPA. The CCPA affords several rights to California residents (as the term “consumer” is defined by the Act) as to personal information collected by a covered business. Among these rights is: (1) the right to request disclosure of personal information collected and uses therefor (§ 1798.110(a)); (2) the right to request deletion of personal information collected by the covered business (§§ 1798.105(a) and (c)); and (3) the right to receive that information from the covered business (§ 1798.100(d)).1

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This article focuses on the second – the consumer’s right to request deletion of personal information, often called the “right to be forgotten.” This right obligates covered businesses, which must obligate their service providers. Under § 1798.105:

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(a) A consumer shall have the right to request that a business delete any personal information about the consumer which the business has collected from the consumer.

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(c) A business that receives a verifiable consumer request to delete the consumer’s personal information pursuant to subdivision (a) of this section shall delete the consumer’s personal information from its records and direct any service providers to delete the consumer’s personal information from their records.

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If the Proposed Regs are adopted, we note that before any information is deleted, the covered business must acknowledge within 10 days the receipt of the verifiable consumer request to delete. See Proposed Regs § 999.313(a).

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