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Now that the CPRA has passed, are all companies required to post a ‘Limit the Use of My Sensitive Personal Information’ link on their homepage?

No.

The CPRA created a new sub-category of personal information that it labels “sensitive personal information.” [1]  The sub-category is comprised of twenty specific data fields which include, among other things, the religious beliefs, racial origin, precise geolocation, or sexual orientation of a consumer.  Beginning on January 1, 2023, if a business collects sensitive personal information and the business uses or discloses the sensitive personal information in a way that is not specifically authorized by the statute, the business will be required to post a “Limit the Use of My Sensitive Personal Information” link on their homepage.[2]  If a business does not collect sensitive personal information, or collects such information but only uses it as contemplated by the statute (e.g., as is necessary and reasonably expected to provide products or services requested by a consumer) the business will not be required to post such a link.

[1]               CPRA, 1798.140(ae).
[2]               CPRA, 1798.135(a)(2).

 

©2023 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume X, Number 311
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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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