“Right to Know” under CCPA
The new California privacy law approaches the right to access in a novel way.
Key points:
Consumers have the right to: (i) obtain confirmation of whether an organization is sharing or selling personal information and other supplementary information, and (ii) access the actual personal information about them being held.
This right is exercised through what has traditionally been called a subject access requests (SARs).
Consumers can make a SAR verbally or in writing.
Businesses then have 45 days to respond to a request and cannot charge a fee in most circumstances.
NOTE: This article was created to be used by the students of Santa Clara Law School attending Comparative Privacy Law during the 2020 Spring Semester. It is based on an initial reading of the Proposed CCPA Rules (“Proposed CCPA Regs.” or “Proposed Regs.”) issued by the California Attorney General on October 2019. It is expected that the rules will be amended before they become final. The contents of this article DO NOT CONSTITUTE LEGAL ADVICE. Organizations seeking to comply with the CCPA would be well served by engaging experienced privacy counsel to identify their obligations under the law.
