March 2, 2021

Volume XI, Number 61

Advertisement

March 02, 2021

Subscribe to Latest Legal News and Analysis

March 01, 2021

Subscribe to Latest Legal News and Analysis

How the Heck Are Businesses Supposed to Give People Privacy Notices if They Collect Personal Information Over the Phone?

The regulations implementing the CCPA make clear that the notice at collection (or the privacy notice if it is being used to satisfy the notice at collection) does not have to be physically provided to a consumer; instead a business must make it “readily available” in a location where consumers are likely to encounter it.1 In the context of information that is collected over the telephone, a business “may provide the notice [at collection] orally.”2 The Office of the Attorney General has clarified, however, that providing an oral notice is not necessarily the only method of compliance and that “[d]irecting a consumer over the phone to a place in which the notice can be found online is not prohibited by the regulation” such that the sufficiency of the practice would depend upon “a fact-specific determination.”3


1 CCPA Reg. 999.305(a)(3).

2 CCPA Reg. 999.305(a)(3)(d).

3 Final Statement of Reasons Appendix C at 11 (Response 36).

Advertisement
©2020 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume XI, Number 15
Advertisement
Advertisement

TRENDING LEGAL ANALYSIS

Advertisement
Advertisement

About this Author

David A. Zetoony Privacy Attorney Greenberg Traurig
Shareholder

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...

303.685.7425
Advertisement
Advertisement