- 1798.100 – Consumers right to receive information on privacy practices and access information
- 1798.105 – Consumers right to deletion
- 1798.110 – Information required to be provided as part of an access request
- 1798.115 – Consumers right to receive information about onward disclosures
- 1798.120 – Consumer right to prohibit the sale of their information
- 1798.125 – Price discrimination based upon the exercise of the opt-out right
CCPA Security FAQs: Can non-California residents bring a class action under the CCPA following a data breach?
“Consumers” can bring suit under the CCPA if they can prove the following five elements:
- A business incurred a data breach;
- The data breach involved a sensitive category of information identified in Cal. Civil Code Section 1798.81.5;
- The business had a legal duty to protect the personal information from breach;
- The business failed to implement reasonable security procedures and practices; and
- The business’s failure resulted in (i.e., caused) a data breach.
While the common definition of “consumer” suggests that it refers to an individual that has “consumed” a product or a service in relation to a company, the definition ascribed by the CCPA is that a “consumer” is any “natural person who is a California resident.”1 As a result individuals that are not residents of California are not permitted to bring suit under the statute.
1. CCPA, Section 1798.140(g) (emphasis added).