Cal. Code Regs. Tit. 11, § 7024 - Requests to Know
(a) For
requests that seek the disclosure of specific pieces of information about the
consumer, if a business cannot verify the identity of the person making the
request pursuant to the regulations set forth in Article 5, the business shall
not disclose any specific pieces of personal information to the requestor and
shall inform the requestor that it cannot verify their identity. If the request
is denied in whole or in part, the business shall also evaluate the consumer's
request as if it is seeking the disclosure of categories of personal
information about the consumer pursuant to subsection (b).
(b) For requests that seek the disclosure of
categories of personal information about the consumer, if a business cannot
verify the identity of the person making the request pursuant to the
regulations set forth in Article 5, the business may deny the request to
disclose the categories and other information requested and shall inform the
requestor that it cannot verify their identity. If the request is denied in
whole or in part, the business shall provide or direct the consumer to its
information practices set forth in its privacy policy.
(c) In responding to a request to know, a
business is not required to search for personal information if all of the
following conditions are met:
(1) The
business does not maintain the personal information in a searchable or
reasonably accessible format.
(2)
The business maintains the personal information solely for legal or compliance
purposes.
(3) The business does not
sell the personal information and does not use it for any commercial
purpose.
(4) The business describes
to the consumer the categories of records that may contain personal information
that it did not search because it meets the conditions stated above.
(d) A business shall not disclose
in response to a request to know a consumer's Social Security number, driver's
license number or other government-issued identification number, financial
account number, any health insurance or medical identification number, an
account password, security questions and answers, or unique biometric data
generated from measurements or technical analysis of human characteristics. The
business shall, however, inform the consumer with sufficient particularity that
it has collected the type of information. For example, a business shall respond
that it collects "unique biometric data including a fingerprint scan" without
disclosing the actual fingerprint scan data.
(e) If a business denies a consumer's
verified request to know specific pieces of personal information, in whole or
in part, because of a conflict with federal or state law, or an exception to
the CCPA, the business shall inform the requestor and explain the basis for the
denial, unless prohibited from doing so by law. If the request is denied only
in part, the business shall disclose the other information sought by the
consumer.
(f) A business shall use
reasonable security measures when transmitting personal information to the
consumer.
(g) If a business
maintains a password-protected account with the consumer, it may comply with a
request to know by using a secure self-service portal for consumers to access,
view, and receive a portable copy of their personal information if the portal
fully discloses the personal information that the consumer is entitled to under
the CCPA and these regulations, uses reasonable data security controls, and
complies with the verification requirements set forth in Article 5.
(h) In response to a request to know, a
business shall provide all the personal information it has collected and
maintains about the consumer during the 12-month period preceding the
business's receipt of the consumer's request. A consumer may request that the
business provide personal information that the business collected beyond the
12-month period, as long as it was collected on or after January 1, 2022, and
the business shall be required to provide that information unless doing so
proves impossible or would involve disproportionate effort. That information
shall include any personal information that the business's service providers or
contractors collected pursuant to their written contract with the business. If
a business claims that providing personal information beyond the 12-month
period preceding the business's receipt of the consumer's request would be
impossible or would involve disproportionate effort, the business shall not be
required to provide it as long as the business provides the consumer a detailed
explanation that includes enough facts to give a consumer a meaningful
understanding as to why the business cannot provide personal information beyond
the 12-month period. The business shall not simply state that it is impossible
or would require disproportionate effort.
(i) A service provider or contractor shall
provide assistance to the business in responding to a verifiable consumer
request to know, including by providing the business the consumer's personal
information it has in its possession that it collected pursuant to their
written contract with the business, or by enabling the business to access that
personal information.
(j) In
responding to a consumer's verified request to know categories of personal
information, categories of sources, and/or categories of third parties, a
business shall provide an individualized response to the consumer as required
by the CCPA. It shall not refer the consumer to the businesses' information
practices outlined in its privacy policy unless its response would be the same
for all consumers and the privacy policy discloses all the information that is
otherwise required to be in a response to a request to know such
categories.
(k) In responding to a
verified request to know categories of personal information, the business shall
provide all of the following:
(1) The
categories of personal information the business has collected about the
consumer.
(2) The categories of
sources from which the personal information was collected.
(3) The business or commercial purpose for
which it collected or sold the personal information.
(4) The categories of third parties with whom
the business shares personal information.
(5) The categories of personal information
that the business sold, and for each category identified, the categories of
third parties to whom it sold that particular category of personal
information.
(6) The categories of
personal information that the business disclosed for a business purpose, and
for each category identified, the categories of third parties to whom it
disclosed that particular category of personal information.
(l) A business shall identify the
categories of personal information, categories of sources of personal
information, and categories of third parties to whom a business sold or
disclosed personal information, in a manner that provides consumers a
meaningful understanding of the categories listed.
Notes
2. Amendment of section and NOTE filed 3-29-2023; operative 3-29-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 13).
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.110, 1798.115, 1798.130, 1798.140 and 1798.185, Civil Code.
2. Amendment of section and NOTE filed 3-29-2023; operative
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