- 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
What type of contractual provisions are included within service provider agreements in connection with consumer deletion requests?
Although the CCPA does not itself require that a service provider honor a deletion request that it receives directly from a consumer, a service provider may be contractually obligated to do so by a business.
Many businesses include a contractual provision in their agreement with a service provider requiring the service provider delete personal information that is processed on the business’s behalf at the direction of the business. A less specific “reasonable assistance” provision is also common, which obligates the service provider to reasonably assist the business in fulfilling a deletion request. Although here a service provider retains an argument that facilitating deletion when not required to do so by the CCPA may not be “reasonable assistance,” the existence of this provision signals that a business may be expecting the service provider to honor its deletion requests.
A business may assert that the contractual provisions which are required to meet the definition of “service provider,” imply that a service provider must honor a business’s deletion requests. However, the CCPA specifically allows a service provider to process personal information outside of its relationship to the service provider if such processing is “otherwise permitted by [the CCPA].” 1 As discussed above, the CCPA permits a service provider to refuse a deletion request for a variety of reasons.2