While the world is watching the United States in anticipation to hear the final outcome of this week’s presidential election, the privacy community is looking at California. On 3 November, the Golden State voted in favor of Proposition 24, thus expanding the State’s privacy legislation with a new set of rules. The law passed with 56.1% of the vote, despite being debated heavily and civil rights organizations including the ACLU coming out in opposition of the Proposition. As of 1 January 2023, the California Consumer Privacy Act (CCPA) will be succeeded by the California Privacy Rights Act (CPRA).
What does the new law entail?
As was the case with the CCPA, there are still a lot of details to be ironed out in the coming months to ensure the CPRA can be fully operational in 2023. However, quite a few of the changes are already clear.
Sensitive personal information: CPRA introduces the concept of sensitive personal information, that requires a higher level of data protection than regular personal information. Sensitive information includes identification numbers, like the social security, driver’s license, identity card or passport number, account credentials, credit card details, the precise geolocation of a consumer, the content of communications via mail, email and text messages (if a business is not the recipient of the communication), as well as GDPR-aligned data elements like religious or philosophical beliefs, union membership, health, genetic and biometric data, and information related to an individual’s sex life or sexual orientation. Under the CPRA, a consumer will have the right to direct a business not to use or disseminate their sensitive information. If so directed, the business may only use the bare minimum of already collected sensitive personal information that would be needed to deliver the agreed goods or services to the con ..
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