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Question:

What are the fundamentals of the California Consumer Privacy Act of 2018?

Answer:

The California Consumer Privacy Act of 2018 (“CCPA”) is one of the strongest privacy regulations in the country.  California is considered to be a pioneer in consumer privacy, with many states expected to follow suit.  The CCPA’s initiative is privacy control and transparency in data practices.  The CCPA declares that the right of privacy is an inalienable right, and fundamental to privacy rights is the ability to control the use, including the sale, of personal information.  It applies to residents of California, and takes effect on January 1, 2020.

The CCPA ensures the following rights to privacy:

• The right of Californians to know what personal information is being collected about them.
• The right of Californians to know whether their personal information is sold or disclosed and to whom.
• The right of Californians to say no to the sale of personal information.
• The right of Californians to access their personal information.
• The right of Californians to equal service and price, even if they exercise their privacy rights.

Any mortgage company who lends money to California residents needs to be aware of the disclosure requirements as disclosures must be provided to the consumer prior to collecting any personal information from the consumer. This will also apply to vendors who possesses the personal information of 50,000 or more consumers annually.

The full text of this bill is available here.