By Andrew Scott and Sheri Porath Rockwell
Disclaimer: This article reflects the thoughts and opinion of the authors and not their law firms and/or employers.
In honor of the anniversary of its enforcement of CCPA, the OAG also announced a new Consumer Privacy Interactive Tool that allows consumers to draft notices to businesses that do not post an easy-to-find “Do Not Sell My Personal Information” link on their website.
The OAG states it “takes no position on the truthfulness of the information submitted” or on whether submission of a complaint means the business has violated the CCPA. However, the OAG’s site also states that a notice “may satisfy” the 30-day notice to cure required by the CCPA.
The supporting documentation for the tool provides may helpful insight into what the OAG may be looking at when deciding whether a company is selling personal information within the meaning of the CCPA. For example, the site advises to look for language in privacy policies indicating it may share personal information for commercial purposes, such as “Our advertising partners may collect information about you” and “We provide information to other companies, sites, or platforms to develop services to offer you.”