USA - California: Personal and Domestic Use Exemption

The California Consumer Privacy Act (CCPA) partially recognizes the personal and domestic use exemption through two main provisions. First, CCPA 1798.145(p) explicitly exempts "household data" from certain obligations imposed on businesses. This exemption applies to the right to delete personal information (1798.105), the right to correct inaccurate personal information (1798.106), the right to know (1798.110), and the right to receive specific pieces of personal information (1798.115).

The term "household" is defined in CCPA Sec.1798.140(q) as "a group, however identified, of consumers who cohabitate with one another at the same residential address and share use of common devices or services." This definition helps to delineate the scope of the exemption, focusing on data related to shared living arrangements and common device usage within a residential context.

Additionally, CCPA 1798.145(l) provides a broader exemption for "noncommercial activities of a person or entity" as described in the California Constitution. This provision potentially extends the personal and domestic use exemption beyond just household data, encompassing various noncommercial activities that may involve personal data processing.

Implications

The implications of these provisions for businesses are significant:

  1. Businesses are not required to comply with certain consumer rights (deletion, correction, access) when it comes to household data. This may simplify data management for companies that collect or process information about households.
  2. The exemption for noncommercial activities suggests that individuals or entities processing personal data for purely personal or domestic purposes may be exempt from CCPA obligations entirely.
  3. However, the exemption is limited in scope. It does not cover all CCPA provisions, and businesses must still comply with other requirements when processing household data or engaging in commercial activities.
  4. The definition of "household" may require businesses to distinguish between individual consumer data and household data, potentially necessitating changes in data classification and management practices.
  5. Companies should be cautious about relying too heavily on these exemptions, as they do not provide blanket protection for all personal data processing activities related to households or noncommercial use.

Jurisdiction Overview