Partner Jean-Paul Cart was quoted on his remarks at the 2019 REALTORS Conference & Expo Technology and Privacy in Real Estate Forum regarding the California Consumer Privacy Act (CCPA).
JP said that the CCPA, which will go into effect on January 1, 2020, with enforcement beginning in June 2020, gives consumers the right to know what personal information a company intends to or has already collected from them, including marketing profiles companies may have created. The law also gives consumers the right to know what information companies have shared with others.
He added that if a company has been storing data in inefficient ways, such as paper files that include personal information in unsecured places in an office or electronic data on various platforms, the law will require the information to be organized and secured.
“The bottom line is you’re going to need a process to comply with these requests,” JP said “You’re going to have to keep track of where all the data goes. And you’re going to have to be able to tell consumers who has access to their data, such as a mass-market mailing company.”
Companies will also be required to provide a way for customers to opt out of data collection while continuing to receive equal service.
“You cannot make it hard to opt out,” he said. “You need a phone number they can call, and if you’re dealing with paper, you’re going to have to give them a form they can sign.”
JP expects other states to follow similar principles and guidelines as the CCPA in their legislation, and noted it would be worth it for broker-owners to begin putting data collection systems in place now.
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