November 30, 2020

Volume X, Number 335

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Does the CCPA Confer a Right of Rectification?

No.

The right of rectification refers to the ability of a person to request that a company fix any inaccuracies in the personal information that it holds about them.  While the right of rectification is one of the core tenants of European data privacy law, it is not included within the CCPA.

Unlike the CCPA, the California Privacy Rights Act of 2020 (the “CPRA” or “Proposition 24”) – which will be on the ballot in California in November – would contain a right of rectification.  The proposal would amend the CCPA to provide consumers with a right to “request a business that maintains inaccurate personal information about the consumer to correct that inaccurate personal information . . . .”[1]  If such a request is received, a business would be required to “use commercially reasonable efforts to correct the inaccurate information.”[2]

[1] Proposed Section 1798.106(a).

[2] Proposed Section 1798.106(c).

©2020 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume X, Number 297
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About this Author

David A. Zetoony Privacy Attorney Greenberg Traurig
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David Zetoony, Co-Chair of the firm's U.S. Data, Privacy and Cybersecurity Practice, focuses on helping businesses navigate data privacy and cyber security laws from a practical standpoint. David has helped hundreds of companies establish and maintain ongoing privacy and security programs, and he has defended corporate privacy and security practices in investigations initiated by the Federal Trade Commission, and other data privacy and security regulatory agencies around the world, as well as in class action litigation. 

David receives regular recognitions from clients and peers for...

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