The California Consumer Privacy Act (CCPA) is a state law designed to give residents of California more control over their personal information. If you’re wondering whether this affects your business, you’ve come to the right place!
Does the CCPA Apply to My Business?
The CCPA applies to businesses that are organized for profit and do business in California if they meet one or more of these thresholds:
- Gross annual revenues over $25 million
- Handle the personal information (buy, receive, or sell) of 50,000 or more consumers, households, or devices
- Derive 50% or more of their annual revenue from selling personal information
And if you’re managing the personal information of over 4 million consumers—congratulations on the business growth!—but, you’ve got extra obligations to think about too.
What Rights Do California Consumers Have Under CCPA?
California consumers (that’s just a fancy way of saying “residents”) have some impressive rights when it comes to their personal data. Here’s a quick rundown of what they can do:
- Know what personal information is collected, shared, or sold. This includes both categories of data and specific pieces.
- Delete personal information that’s in your business’s hands (or your service provider’s hands!).
- Opt-out of the sale of personal information. If you’re selling their data, they can say, “No thanks!” Kids under 16 need to opt-in, and for those under 13, parents need to give the green light.
- Non-discrimination in pricing or services if they exercise their rights under CCPA.
How the CCPA Affects Applicant Data
Here’s where it gets interesting for businesses handling job applicants' data. In 2019, AB-25 made some temporary changes, which mean that, until January 1, 2021, most of the CCPA doesn’t apply to:
- Personal information collected from someone in the context of them acting as a job applicant, employee, or contractor (basically anyone you’re working with in some capacity).
- Personal information needed to administer benefits for another person related to these roles.
- Emergency contact information collected for anyone acting as a job applicant, employee, or contractor.
So, if you're collecting information for strictly business-related purposes (like hiring or employee benefits), it’s largely exempt from the CCPA until that 2021 deadline.
The California Consumer Privacy Act (CCPA) is a state statute intended to enhance privacy rights and consumer protection for residents of California, United States.
What Happens When We Receive a CCPA Request From One of Your Applicants?
So, what happens if one of your applicants submits a CCPA request—even if they aren’t a California resident or your company doesn’t operate in California?
Well, here’s the deal: Regardless of your location or whether your business qualifies under the CCPA, if we receive a CCPA request from one of your applicants, we’ll reach out to you.
Why? Because it's your responsibility to handle the request. We’re here to pass the message along, but it’s up to you to determine how to fulfill your obligations under CCPA. You get to decide how to respond to the request in a way that aligns with your policies and legal obligations.
While we cannot offer legal advice, we're always here to help, so please feel free to reach out to our Support Team, should you have any questions.