§ 7001. Definitions.
11 CA ADC § 7001Barclays Official California Code of RegulationsEffective: March 29, 2023
Effective: March 29, 2023
11 CCR § 7001
§ 7001. Definitions.
In addition to the definitions set forth in Civil Code section 1798.140, for purposes of these regulations:
(b) “Alternative Opt-out Link” means the alternative opt-out link that a business may provide instead of posting the two separate “Do Not Sell or Share My Personal Information” and “Limit the Use of My Sensitive Personal Information” links as set forth in Civil Code section 1798.135, subdivision (a)(3), and specified in section 7015.
(e) “Categories of sources” means types or groupings of persons or entities from which a business collects personal information about consumers, described with enough particularity to provide consumers with a meaningful understanding of the type of person or entity. They may include the consumer directly, advertising networks, internet service providers, data analytics providers, government entities, operating systems and platforms, social networks, and data brokers.
(f) “Categories of third parties” means types or groupings of third parties with whom the business shares personal information, described with enough particularity to provide consumers with a meaningful understanding of the type of third party. They may include advertising networks, internet service providers, data analytics providers, government entities, operating systems and platforms, social networks, and data brokers.
(i) “Disproportionate effort” within the context of a business, service provider, contractor, or third party responding to a consumer request means the time and/or resources expended by the business, service provider, contractor, or third party to respond to the individualized request significantly outweighs the reasonably foreseeable impact to the consumer by not responding, taking into account applicable circumstances, such as the size of the business, service provider, contractor, or third party, the nature of the request, and the technical limitations impacting their ability to respond. For example, responding to a consumer request to know may require disproportionate effort when the personal information that is the subject of the request is not in a searchable or readily-accessible format, is maintained only for legal or compliance purposes, is not sold or used for any commercial purpose, and there is no reasonably foreseeable material impact to the consumer by not responding. By contrast, the impact to the consumer of denying a request to correct inaccurate information that the business uses and/or sells may outweigh the burden on the business, service provider, contractor, or third party in honoring the request when the reasonably foreseeable consequence of denying the request would be the denial of services or opportunities to the consumer. A business, service provider, contractor, or third party that has failed to put in place adequate processes and procedures to receive and process consumer requests in accordance with the CCPA and these regulations cannot claim that responding to a consumer's request requires disproportionate effort.
(k) “Employment-related information” means personal information that is collected by the business about a natural person for the reasons identified in Civil Code section 1798.145, subdivision (m)(1). The collection of employment-related information, including for the purpose of administering employment benefits, shall be considered a business purpose.
(p) “Nonbusiness” means a person or entity that does not meet the definition of a “business” as defined in Civil Code section 1798.140, subdivision (d). For example, non-profits and government entities are nonbusinesses because “business” is defined, among other things, to include only entities “organized or operated for the profit or financial benefit of its shareholders or other owners.”
(u) “Opt-out preference signal” means a signal that is sent by a platform, technology, or mechanism, on behalf of the consumer, that communicates the consumer choice to opt-out of the sale and sharing of personal information and that complies with the requirements set forth in section 7025, subsection (b).
(v) “Price or service difference” means (1) any difference in the price or rate charged for any goods or services to any consumer related to the collection, retention, sale, or sharing of personal information, or (2) any difference in the level or quality of any goods or services offered to any consumer related to the collection, retention, sale, or sharing of personal information, including the denial of goods or services to the consumer.
(w) “Privacy policy,” as referred to in Civil Code sections 1798.130, subdivision (a)(5), and 1798.135, subdivision (c)(2), means the statement that a business shall make available to consumers describing the business's online and offline information practices, and the rights of consumers regarding their own personal information.
(jj) “Third-party identity verification service” means a security process offered by an independent third party that verifies the identity of the consumer making a request to the business. Third-party identity verification services are subject to the requirements set forth in Article 5 regarding requests to delete, requests to correct, or requests to know.
Credits
Note: Authority cited: Sections 1798.175 and 1798.185, Civil Code. Reference: Sections 1798.100, 1798.105, 1798.106, 1798.110, 1798.115, 1798.120, 1798.121, 1798.125, 1798.130, 1798.135, 1798.140, 1798.145, 1798.150, 1798.155, 1798.175, 1798.185, 1798.199.40, 1798.199.45, 1798.199.50, 1798.199.55 and 1798.199.65, Civil Code.
History
1. Change without regulatory effect renumbering section 999.301 to new section 7001, including amendment of subsections (a), (c) and (w), filed 5-5-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 18).
2. Amendment of section and Note filed 3-29-2023; operative 3-29-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 13).
This database is current through 4/19/24 Register 2024, No. 16.
Cal. Admin. Code tit. 11, § 7001, 11 CA ADC § 7001
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