The Enforcement Division of the California Privacy Protection Agency (CPPA) released its first-ever Enforcement Advisory (Press Release). The advisory addresses the data minimization principle under the California Consumer Privacy Act (CCPA) and its implementing regulations. It highlights the importance of data minimization and provides guidance for businesses on applying this principle when processing consumer requests.
Data Minimization: A Foundational Principle
Data minimization is a core tenet of the CCPA, requiring businesses to collect, use, retain, and share consumers' personal information only to the extent reasonably necessary and proportionate to achieve the purposes for which it was collected or processed. The CPPA emphasizes that this principle should be applied to every purpose for which businesses handle personal information, including when responding to consumer requests under the CCPA.
The Enforcement Division has observed instances where businesses have asked consumers to provide excessive and unnecessary personal information when processing CCPA requests. The advisory serves as a reminder for businesses to carefully review their practices and ensure compliance with the data minimization principle.
Illustrative Scenarios and Guidance
The advisory presents two hypothetical scenarios to illustrate how businesses might encounter the data minimization principle:
1. Responding to a consumer's request to opt-out of the sale/sharing of personal information
2. Verifying a consumer's identity in connection with a request to delete personal information
For each scenario, the CPPA suggests questions businesses could ask themselves to ensure compliance with the data minimization principle and relevant CCPA regulations. These questions focus on determining the minimum personal information necessary to achieve the purpose of the request, assessing potential negative impacts of collecting additional information, and considering additional safeguards to address these impacts.
The advisory also highlights specific CCPA regulations that reflect the concept of data minimization, such as those related to opt-out preference signals, requests to opt-out of sale/sharing, requests to limit use and disclosure of sensitive personal information, and general rules regarding verification.
Compliance Considerations
To ensure compliance with the data minimization principle and the CCPA, businesses should carefully review their practices related to the collection, use, retention, and sharing of consumers' personal information. This includes assessing their processes for handling consumer requests under the CCPA and determining whether they are collecting, using, or retaining more personal information than is reasonably necessary to fulfill these requests.
Businesses should also consider implementing additional safeguards to address potential negative impacts of collecting or processing personal information, such as encryption or automatic deletion of data within a specific timeframe.
Conclusion
The CPPA's Enforcement Advisory serves as an important reminder for businesses to prioritize data minimization when handling consumers' personal information, particularly when processing CCPA requests. By carefully reviewing their practices, asking the right questions, and implementing appropriate safeguards, businesses can ensure compliance with the CCPA and its implementing regulations while protecting consumers' privacy rights.
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