CCPA-CPRA
California Consumer Privacy Act of 2018 (as amended by CPRA)
- I. California Consumer Privacy Act of 2018 (CCPA/CPRA)
- Ch. I — California Consumer Privacy Act (Cal. Civ. Code 1798.100-1798.199.100)
- Art. 1798.100. General Duties of Businesses that Collect Personal Information (15)
- Art. 1798.105. Consumers’ Right to Delete Personal Information (9)
- Art. 1798.106. Consumers’ Right to Correct Inaccurate Personal Information (3)
- Art. 1798.110. Consumers’ Right to Know What Personal Information is Being Collected. Right to Access Personal Information (10)
- Art. 1798.115. Consumers’ Right to Know What Personal Information is Sold or Shared and to Whom (6)
- Art. 1798.120. Consumers’ Right to Opt Out of Sale or Sharing of Personal Information (6)
- Art. 1798.121. Consumers’ Right to Limit Use and Disclosure of Sensitive Personal Information (4)
- Art. 1798.125. Consumers’ Right of No Retaliation Following Opt Out or Exercise of Other Rights (11)
- Art. 1798.130. Notice, Disclosure, Correction, and Deletion Requirements (28)
- Art. 1798.135. Methods of Limiting Sale, Sharing, and Use of Personal Information and Use of Sensitive Personal Information (20)
- Art. 1798.136. Untitled (3)
- Art. 1798.140. Definitions (21)
- Art. 1798.145. Exemptions (12)
- Art. 1798.146. Untitled (6)
- Art. 1798.148. Untitled (6)
- Art. 1798.150. Personal Information Security Breaches (4)
- Art. 1798.155. Administrative Enforcement (3)
- Art. 1798.160. Consumer Privacy Fund (14)
- Art. 1798.175. Conflicting Provisions (3)
- Art. 1798.180. Preemption (1)
- Art. 1798.185. Regulations (31)
- Art. 1798.190. Anti-Avoidance (2)
- Art. 1798.192. Waiver (5)
- Art. 1798.194. This title shall be liberally construed to effectuate its purposes. ref
- Art. 1798.196. This title is intended to supplement federal and state law, if permissible, but shall not apply if such application is preempted by, or in conflict with, federal law or the United States or California Constitution. ref
- Art. 1798.198. Untitled (2)
- Art. 1798.199. Notwithstanding Section 1798.198, Section 1798.180 shall be operative on the effective date of the act adding this section. ref
- Art. 1798.199.10. Untitled (8)
- Art. 1798.199.15. Members of the agency board shall: (7)
- Art. 1798.199.20. Members of the agency board, including the chairperson, shall serve at the pleasure of their appointing authority but shall serve for no longer than eight consecutive years. ref
- Art. 1798.199.25. For each day on which they engage in official duties, members of the agency board shall be compensated at the rate of one hundred dollars ($100), adjusted pursuant to subdivision (d) of Section 1798.199.95, and shall be reimbursed for expenses incurred in performance of their official duties. ref
- Art. 1798.199.30. The agency board shall appoint an executive director who shall act in accordance with agency policies and regulations and with applicable law. The agency shall appoint and discharge officers, counsel, and employees, consistent with applicable civil service laws, and shall fix the compensation of employees and prescribe their duties. The agency may contract for services that cannot be provided by its employees. ref
- Art. 1798.199.35. The agency board may delegate authority to the chairperson or the executive director to act in the name of the agency between meetings of the agency, except with respect to resolution of enforcement actions and rulemaking authority. ref
- Art. 1798.199.40. The agency shall perform the following functions: (15)
- Art. 1798.199.45. Untitled (4)
- Art. 1798.199.50. No finding of probable cause to believe this title has been violated shall be made by the agency unless, at least 30 days prior to the agency’s consideration of the alleged violation, the business, service provider, contractor, or person alleged to have violated this title is notified of the violation by service of process or registered mail with return receipt requested, provided with a summary of the evidence, and informed of their right to be present in person and represented by counsel at any proceeding of the agency held for the purpose of considering whether probable cause exists for believing the person violated this title. Notice to the alleged violator shall be deemed made on the date of service, the date the registered mail receipt is signed, or if the registered mail receipt is not signed, the date returned by the post office. A proceeding held for the purpose of considering probable cause shall be private unless the alleged violator files with the agency a written request that the proceeding be public. ref
- Art. 1798.199.55. Untitled (8)
- Art. 1798.199.60. Whenever the agency rejects the decision of an administrative law judge made pursuant to Section 11517 of the Government Code, the agency shall state the reasons in writing for rejecting the decision. ref
- Art. 1798.199.65. The agency may subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence and require by subpoena the production of any books, papers, records, or other items material to the performance of the agency’s duties or exercise of its powers, including, but not limited to, its power to audit a business’ compliance with this title. ref
- Art. 1798.199.70. No administrative action brought pursuant to this title alleging a violation of any of the provisions of this title shall be commenced more than five years after the date on which the violation occurred. (3)
- Art. 1798.199.75. Untitled (5)
- Art. 1798.199.80. Untitled (5)
- Art. 1798.199.85. Any decision of the agency with respect to a complaint or administrative fine shall be subject to judicial review in an action brought by an interested party to the complaint or administrative fine and shall be subject to an abuse of discretion standard. ref
- Art. 1798.199.90. Untitled (6)
- Art. 1798.199.95. Untitled (6)
- Art. 1798.199.100. The agency and any court, as applicable, shall consider the good faith cooperation of the business, service provider, contractor, or other person in determining the amount of any administrative fine or civil penalty for a violation of this title. A business shall not be required by the agency, a court, or otherwise to pay both an administrative fine and a civil penalty for the same violation. ref
Title I — California Consumer Privacy Act of 2018 (CCPA/CPRA)
Chapter I — California Consumer Privacy Act (Cal. Civ. Code 1798.100-1798.199.100)
Article 1798.199.80. Untitled
5 obligations
CCPA-1798.199.80-01
Requirement
Apply to court clerk for judgment to collect administrative fines after judicial review period
The agency may apply to the clerk of the court for a judgment to collect administrative fines imposed by a final order o
CCPA-1798.199.80-02
Requirement
Include certified copy and proof of service in court application
The application to the court clerk must include a certified copy of the order or decision (or the order as modified in a
CCPA-1798.199.80-03
Requirement
Enter judgment immediately upon proper application
The clerk of the court shall enter the judgment immediately in conformity with the application when the application incl
CCPA-1798.199.80-04
Requirement
Apply to superior court clerk in county where fines were imposed
An application for judgment to collect administrative fines must be made to the clerk of the superior court in the count
CCPA-1798.199.80-05
Requirement
File application within four years of exhausted judicial review
The agency may bring an application for judgment to collect administrative fines only within four years after the date o
Article 1798.199.90. Untitled
6 obligations
CCPA-1798.199.90-01
Requirement
Deposit 95% of civil penalties into Attorney General Consumer Privacy Enforcement Subfund
The Attorney General must deposit 95% of any civil penalty recovered by an action for a violation of this title, and of
CCPA-1798.199.90-02
Requirement
Deposit portion of penalties for joint investigation reimbursement
The Attorney General may, if an action or settlement is the result of a joint investigation with the agency, deposit a p
CCPA-1798.199.90-03
Requirement
Deposit 5% of civil penalties into Consumer Privacy Grant Subfund
The Attorney General must deposit 5% of any civil penalty recovered by an action for a violation of this title, and of t
CCPA-1798.199.90-04
Requirement
Stay administrative action upon Attorney General request
The agency must, upon request by the Attorney General, stay an administrative action or investigation under this title t
CCPA-1798.199.90-05
Prohibition
Prohibition on limiting Attorney General's enforcement authority
The agency may not limit the authority of the Attorney General to enforce this title.
CCPA-1798.199.90-06
Prohibition
Prohibition on Attorney General civil action after agency decision
The Attorney General cannot file a civil action under this section for any violation of this title after the agency has
Article 1798.199.95. Untitled
6 obligations
CCPA-1798.199.95-01
Requirement
Department of Finance Budget Inclusion Requirements
The Department of Finance must include specific items in the state budget and Budget Act bill when submitted to the Legi
CCPA-1798.199.95-02
Requirement
Attorney General Staff Support Provision
The Attorney General must provide staff support to the California Privacy Protection Agency until the agency has hired i
CCPA-1798.199.95-03
Requirement
California Privacy Protection Agency Reimbursement Obligation
The California Privacy Protection Agency must reimburse the Attorney General for staff support services provided.
CCPA-1798.199.95-04
Requirement
Biennial Monetary Threshold Adjustment Requirement
The California Privacy Protection Agency must adjust monetary thresholds in specified CCPA sections on January 1, 2025,
CCPA-1798.199.95-05
Requirement
Consumer Price Index Calculation Method Requirement
The California Privacy Protection Agency must use the specific Consumer Price Index (CPI) - California, All Items, All U
CCPA-1798.199.95-06
Transparency
Adjusted Monetary Threshold Website Publication Requirement
The California Privacy Protection Agency must post adjusted monetary thresholds on its internet website no later than Ja