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Privacy Laws

California Consumer Privacy Act as amended by the CPRA

The CCPA and the California Privacy Rights Act, and the rights they created for California consumers.

Event date 1 January 2023 Status In force Review UNCHECKED

Structure

The statute is in the California Civil Code, Title 1.81.5. That location is unusual and is the reason most citations look unfamiliar: the CCPA is not in the Government Code or the Privacy Code, and searches for “California privacy law” frequently miss it.

The CPRA did not create a new code section. It amended the existing one, which is why the statutory text is read as a single body with the amendments folded in.

The rights

RightSubstance
KnowDisclose categories of personal information collected, sources, purposes, and categories of recipients
DeleteDeletion of collected information, subject to exceptions
CorrectRectification of inaccurate personal information
Opt out of sale or sharingBusiness may not sell or share personal information without opt-in consent
LimitLimit use and disclosure of sensitive personal information
Non-discriminationDenial of goods or services for exercising a right is unlawful
PortabilityIn some circumstances, transfer of information to a third party

Opt-in and opt-out

The distinction that matters most in practice is that selling or sharing personal information requires opt-in consent, while other uses generally require an opt-out link. The CPRA added “sharing” for cross-context behavioural advertising to the original sale prohibition, which is what brought a large number of advertising businesses into scope.

Limitations worth knowing before relying on it

  • The thresholds exclude many small businesses, though the definition of “business” is broad and includes for-profit entities that meet the revenue threshold and do business in California.
  • Some rights are limited by exceptions, including security, fraud prevention, and legal compliance purposes.
  • The right to know is subject to exceptions and to security-trade-secret limits.
  • Enforcement was historically carried out by the Attorney General; the CPRA created a dedicated agency with its own authority.

Other US state laws

Several states have since enacted comparable statutes. Those are tracked separately in US state privacy laws.

Sources

Claim labels

FACT

The California Consumer Privacy Act was enacted as California Civil Code Title 1.81.5 by AB 3746, signed on 28 June 2018.

FACT

Proposition 24, the California Privacy Rights Act, was approved by voters on 3 November 2020 and took effect on 1 January 2023, with certain provisions applying earlier.

FACT

The CPRA established the California Privacy Protection Agency and gave it enforcement authority.

FACT

The CCPA as amended gives consumers the right to know, the right to delete, the right to correct, the right to opt out of sale or sharing, the right to limit use of sensitive personal information, and the right to non-discrimination for exercising these rights.

FACT

The amendment introduced the right to correct inaccurate personal information, which the original CCPA did not contain.

FACT

The statute applies to a "business" as defined in the statute, which includes for-profit businesses meeting a revenue threshold doing business in California, and to entities that determine the purposes and means of processing consumers' personal information.

SOURCE CLAIM

The Cal-Ore and other privacy advocacy organisations have characterised the CPRA as raising the standard beyond the original CCPA. That is advocacy, not a finding of the legislature or the courts.

Sources

Last link check: 2026-09-27. A link check confirms reachability, not that every claim has been independently reviewed.

  1. California Civil Code, Title 1.81.5 — Consumer Privacy California Legislative Information government Accessed
  2. California Privacy Protection Agency California Privacy Protection Agency regulator Accessed
  3. AB 3746 — California Consumer Privacy Act of 2018 California Legislative Information government Accessed