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The GDPR is the strictest data privacy law in the world, with few exceptions and hefty fines. In California, these concerns manifested as the California Consumer Protection Act somewhat modeled on the EU’s GDPR. [11] The CCPA’s initial drafting and placement on the 2018 ballot was led by Alastair Mactaggart. [12]
The California Comprehensive Computer Data Access and Fraud Act is in §502 of the California Penal Code. According to the State Administrative Manual of California, the Act affords protection to individuals, businesses, and governmental agencies from tampering, interference, damage, and unauthorized access to lawfully created computer data and ...
Companies that become victims of data theft or other data security breaches can be ordered in civil class action lawsuits to pay statutory damages between $100 and $750 per California resident and incident, or actual damages, whichever is greater, and any other relief a court deems proper, subject to an option of the California Attorney General ...
The European Directive on Data Protection that went into effect in October 1998, includes, for example, the requirement to create government data protection agencies, registration of databases with those agencies, and in some instances prior approval before personal data processing may begin. In order to bridge these different privacy ...
The early years in the development of privacy rights began with English common law, protecting "only the physical interference of life and property". [5] The Castle doctrine analogizes a person's home to their castle – a site that is private and should not be accessible without permission of the owner.
When data is collected, data subjects must be clearly informed about the extent of data collection, the legal basis for the processing of personal data, how long data is retained, if data is being transferred to a third-party and/or outside the EU, and any automated decision-making that is made on a solely algorithmic basis.
With the enactment of the California Delete Act, the agency also maintains the California data broker registry and will build a one-stop shop data deletion mechanism for consumers. [ 9 ] References
The act is broad in scope, well beyond California's border. Neither the web server nor the company that created the website has to be in California in order to be under the scope of the law. The website only has to be accessible by California residents. [5]