CCPA Explained: Part 10 - Article 6. Non-Discrimination

 Oct 15, 2019 3:00 PM
by Derek Lackey

§ 999.336. Discriminatory Practices

A a financial incentive or a price or service difference is dicriminatory therefore prohibited (Civil Code Section 1798.125) if the business treats a consumer who exercised their rights conferred by CCPA.

B When reasonably related to the value of the consumer's data, a business can offer incentives as per Section 999.337

C Examples:
(1) Example 1: A music streaming business offers a free service and a premium service that costs $5 per month. If only the consumers who pay for the music streaming service are allowed to opt-out of the sale of their personal information, then the practice is discriminatory, unless the $5 per month payment is reasonably related to the value of the consumer’s data to the business.
(2) Example 2: A retail store offers discounted prices to consumers who sign up to be on their mailing list. If the consumer on the mailing list can continue to receive discounted prices even after they have made a request to know, request to delete, and/or request to opt-out, the differing price level is not discriminatory.

D Denying a consumer the right to know, delete or opt-out is not considered a discriminatory act.

E A business should be transparent in their pricing and show consumers any details regarding incentives or price/service differences.

F A business charging a reasonable fee (Civil Code 1798.145(g)(3)) is not considered a finaincial incentive.

 

§ 999.337. Calculating the Value of Consumer Data

A  The value of  the consumer’s data, as that term is used in Civil Code section 1798.125, is the value provided to the business by the consumer’s data and shall be referred to as “the value of the consumer’s data.”

B To set perameters on the value of data a business should document and make public, a reasonable good-faith based method for calculating that value, using one or more of the following:
(1) The marginal value to the business of the sale, collection, or deletion of a consumer’s data or a typical consumer’s data;
(2) The average value to the business of the sale, collection, or deletion of a consumer’s data or a typical consumer’s data;
(3) Revenue or profit generated by the business from separate tiers, categories, or classes of consumers or typical consumers whose data provides differing value;
(4) Revenue generated by the business from sale, collection, or retention of consumers’ personal information;
(5) Expenses related to the sale, collection, or retention of consumers’ personal information;
(6) Expenses related to the offer, provision, or imposition of any financial incentive or price or service difference;
(7) Profit generated by the business from sale, collection, or retention of consumers’ personal information; and
(8) Any other practical and reliable method of calculation used in good-faith.

 

Article 7. Severability


§ 999.341.


A If any Article, section or part of these regulations are found to be unconstitutional, against statute or exceeding the authority of the Attorney General, the rest of the regulations remain in force.

 

 

CCPA Explained: Article 1 General Provisions - Part 1 - Scope and Definitions

CCPA Explained: Article 2 - Notices to Consumers - Part 2 - Notice at Collection

CCPA Explained: Part 3 The Right to Opt-Out and Offering Financial Incentives

CCPA Explained: Part 4 - Privacy Policy

CCPA Explained: Part 5 - Article 3 -Business Practices for Handling Consumer Requests

CCPA Explained: Part 6 - Article 3 -Business Practices for Handling Consumer Requests

CCPA Explained: Part 7 - Article 3 -Business Practices for Handling Consumer Requests

CCPA Explained: Part 8 - Article 4. Verification of Requests

CCPA Explained: Part 9 - Article 5. Special Rules Regarding Minors