What is the CPA?

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What is the CPA?

The CPA stands for Colorado Privacy Act.

The CPA gives the right to “opt-out of the processing of personal data concerning the consumer for purposes of:

  • targeted advertising;
  • the sale of personal data, or
  • profiling in furtherance of decisions that produce legal or similarly significant effects concerning a consumer.”

The CPA mandates websites to provide consumers with the right to opt-out and with a Global opt-out option so a consumer can click one checkbox in an interactive form, to exercise all opt-out rights.

In Complianz this link to the interactive form is called “Opt-out preferences” and the functionality is called “Global Opt-out”.

In addition to the Right to Opt-out, the CPA also gives consumers the following rights:

Right of access : the right to confirm whether a controller is processing personal data concerning the consumer and to access the consumer’s personal data.

Right to correction:  the right to correct inaccuracies in the consumer’s personal data, taking into account the nature of the personal data and the purposes of the processing of the consumer’s personal data.

Right to delete:  the right to delete personal data concerning the consumer.

Right to data portability: the right to obtain personal data in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another entity without hindrance.

Right to appeal:  a business must respond to a consumer request within 45 days of receipt. It may extend that deadline once and after notification by an additional 45 days when reasonably necessary. The consumer has the right to appeal a business’ denial to take action within a reasonable time period.

 

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Dr. Mathieu Paapst LLM cipm

Dr. Mathieu Paapst LLM cipm

Expert IT and Privacy Law

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