The California Consumer Privacy Act (“CCPA”) has some twisty definitions of who is – and isn’t – considered a California consumer. The text of the CCPA says a business who “alone or in combination, annually buys, receives for the business’s commercial purposes, sells, or shares for commercial purposes, alone or in combination, the personal information of 50,000 or more consumers, households, or devices” is under the jurisdiction of the CCPA. So how do you know if the data you are collecting, etc., is from a “consumer,” “household,” or “device”?
We’ve attempted to provide you with the current and proposed parameters of each of these terms below. Check back regularly for updates!
Consumers: Generally, California consumers are California residents. An important distinction is made for people who are physically located inside – or outside – of California if their physical status is “temporary” or “transitory.” For example, a person is still a California consumer if they are domiciled in California, but are temporarily outside the state when you happen to collect their data. The corollary of this works as well. A person’s temporary or transitory visit to California does not make them a “California consumer” under the CCPA.
Households: The original CCPA language was a bit vague about what constituted a “household.” The current proposed definition of household is a person or group of people who: (1) reside at the same address, (2) share a common device or the same service provided by a business, and (3) are identified by a business as sharing the same group account or unique identifier. (“Business” means a business as defined under the CCPA.)
Devices: A consumer can also be identified by their device. This definition is the most straightforward of the lot. A “Device” is “any physical object that is capable of connecting to the internet, directly or indirectly, or to another device.” CA CIVIL Sec. 1789.140.
Still not sure if the data you’ve got is for a California consumer? Please contact a member of our team at privacygroup@carneylaw.com.
Disclaimer: this post is for informational/educational purposes only. It is not intended to provide any legal advice.
By: Ashley Long
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