Applicability of Data Protection Law in California: Long-Term Residency Threshold

The Long-Term Residency Threshold, as a general concept, pertains to the application of data protection laws based on an individual's or entity's physical presence in a jurisdiction for a specified duration. However, in the context of California law, particularly under the relevant provisions of the California Revenue and Taxation Code (CRTC) and Title 18 of the California Code of Regulations, this factor is not explicitly linked to the scope of applicability of the data protection laws like the California Consumer Privacy Act (CCPA).

The provided provision (Tit. 18.1704(d)(1)) focuses on determining the presumption of residence for tax purposes rather than the application of data protection laws based on long-term residency. It does not provide direct guidance on how long-term residency affects the applicability of California’s data protection laws. Thus, the concept of a Long-Term Residency Threshold as it relates to data protection laws is NOT PRESENT in the specified provision.

Text of Relevant Provisions

Tit. 18.1704(d)(1):

"(1) The type and amount of proof that will be required in all cases to rebut or overcome a presumption of residence and to establish that an individual is a nonresident cannot be specified by a general regulation, but will depend largely on the circumstances of each particular case. Ordinarily, however, affidavits or testimony of an individual and of his friends, employer, or business associates that the individual was in California for a rest or vacation to complete a particular business transaction, or to work for a limited period of time will be sufficient to overcome any presumption of residence here. In the case of individuals who claim to be nonresidents by virtue of being outside the State for other than temporary or transitory purposes, affidavits of friends and business associates as to the reasons for being outside the State should be submitted. Affidavits that an individual votes in or files income tax returns as a resident of some other state or country, although relevant in determining one's domicile, are otherwise of little value in determining one's residence. No weight shall be given to the fact that charitable contributions are made to charities either within or without the State."

Analysis of Provisions

The quoted provision from the California Code of Regulations Title 18 is primarily concerned with rebutting the presumption of residency for tax purposes. It explains that the determination of whether an individual is considered a resident of California for tax purposes depends on the circumstances of each case. Affidavits and testimony regarding the individual's presence in the state for temporary reasons, such as vacation or short-term work, may suffice to challenge the presumption of residency