The Sticky "Do Not Sell My Data" Opt Out Election

Proposed CCPA Amendment on Opt Out of Sale of Personal Information

As companies continue to fine tune their California Consumer Privacy Act (CCPA) compliance programs, the California legislature continues to look at ways to fine tune the CCPA. A bill was introduced in the California Senate in February 2020 to amend the CCPA to provide that a consumer’s election to opt out of the sale of his or her personal information (PI) will remain effective even after the entity that purchased the consumer’s PI, or the information itself, is sold.

As a reminder, the CCPA requires companies that sell the PI of consumers to provide those consumers with the right to opt out of such sales. If PI is sold to a third-party, the CCPA prohibits that third-party from selling that purchased PI unless the consumer has received explicit notice and an opportunity to exercise the right to opt out of the sale.

This bill was amended on March 25, 2020. The California Legislature has, however, cancelled all legislative hearings and meetings until May 4, 2020 due to the ongoing coronavirus crisis so it is unclear if this amendment to make do not sale elections “sticky,” will stick through further legislative session delays.

A copy of California Senate Bill 1022 is available Here.