R23 Law’s California Data Privacy Attorneys are here to help Protect Your Right to Data Privacy

In today’s digital age, protecting personal information is more crucial than ever. With the increasing risks of data breaches and unauthorized access, California residents have strong legal protections to secure their personal information.

R23 Law’s California Data Privacy Attorneys are dedicated to advocating for clients whose privacy rights have been compromised.

We offer guidance and representation under various data privacy laws, including the federal Fair Credit Reporting Act (FCRA); the California Consumer Privacy Act (CCPA); and the California Privacy Rights Act (CPRA).

THE ORIGINAL FEDERAL DATA PRIVACY STATUTE – The Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA) offers additional protections, focusing on accuracy, fairness, and privacy in credit reporting. Key protections under the FCRA include:

• Right to Accurate Reporting: CRAs must ensure information is accurate and current. Consumers can dispute errors, which CRAs must investigate promptly.

• Privacy Controls: The FCRA limits access to credit reports, allowing only authorized parties, like lenders or employers with consumer consent, to access this data.

• Data Security: CRAs are mandated to protect consumer information from unauthorized access.

R23 Law’s California Data Privacy Attorneys assist clients with FCRA-related issues, including disputing inaccuracies in credit reports, resolving identity theft cases, and holding CRAs accountable for mishandling data.

Key California Data Privacy Laws: The CCPA and CPRA

The California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) are two landmark laws that grant California consumers important data privacy rights:

• California Consumer Privacy Act (CCPA): Enacted in 2020, the CCPA provides consumers with the right to access their personal data, understand how it’s being used, request its deletion, and opt out of its sale.

• California Privacy Rights Act (CPRA): Effective January 2023, the CPRA expands consumer rights further, granting Californians the right to correct inaccurate data and limit the use of sensitive information. This law also established the California Privacy Protection Agency to enforce compliance.

Together, these laws create a comprehensive framework for data protection in California. R23 Law’s California Data Privacy Attorneys are experienced in helping clients exercise these rights, ensuring compliance from companies and advocating for those impacted by violations.

Other Important Data Privacy Laws

The federal and state statutes below collectively protect a wide range of consumer privacy rights, covering areas from health data to financial records, video consumption, online children’s privacy, and investigative reports. They provide a strong foundation for consumer privacy rights in both federal and California state law.

Video Privacy Protection Act (VPPA)

• Overview: Passed in 1988, the VPPA restricts video service providers from disclosing consumer data—such as rental or viewing history—without explicit consent. Although initially targeting physical video rental stores, it has since been interpreted to apply to online streaming platforms and media companies.

• Key Rights: Consumers can sue companies that unlawfully share video-watching data without consent and may seek statutory damages if a violation occurs.

• Importance: The VPPA laid early groundwork for privacy standards in media consumption, establishing boundaries on data disclosure that remain relevant, especially with the rise of streaming services.

Health Insurance Portability and Accountability Act (HIPAA)

• Overview: Enacted in 1996, HIPAA regulates the handling of personal health information (PHI) within the healthcare industry. The act mandates “covered entities,” such as healthcare providers and insurers, to adhere to strict privacy and security protocols for PHI.

• Key Rights: Patients have rights over the access, disclosure, and correction of their medical records and may file complaints for violations.

• Importance: HIPAA remains a cornerstone of health data privacy, ensuring that individuals’ health information is used and disclosed only under specific conditions to protect patient privacy.

Children’s Online Privacy Protection Act (COPPA)

• Overview: COPPA, enacted in 1998, aims to protect the privacy of children under the age of 13. It requires websites and online services directed at children to obtain parental consent before collecting or using children’s personal data.

• Key Rights: Parents must be notified of data collection practices, and companies are required to implement protections to avoid unauthorized data collection from children.

• Importance: COPPA provides fundamental protections for children’s data, giving parents control and oversight of their children’s online activities and data exposure.

Electronic Communications Privacy Act (ECPA) and Stored Communications Act (SCA)

• Overview: Passed in 1986, the ECPA and its subset, the SCA, aim to protect privacy in electronic communications. They regulate access to and disclosure of electronically stored information, offering protections for communications in transit or stored by a service provider.

• Key Rights: The ECPA prohibits unauthorized interception of electronic communications, while the SCA establishes standards for law enforcement access to stored communications.

• Importance: While dated, these laws are central to protecting privacy in electronic communications, laying groundwork for modern privacy protections in digital communications.

Gramm-Leach-Bliley Act (GLBA)

• Overview: The GLBA (1999) regulates financial institutions’ handling of consumers’ private financial information. The act requires companies to disclose their data-sharing practices and establish safeguards to protect sensitive data.

• Key Rights: Consumers have rights to opt out of certain information-sharing practices and expect financial institutions to implement strict security measures.

• Importance: The GLBA is essential for consumer financial privacy, requiring transparency from financial institutions about data practices and imposing responsibilities for protecting consumer data.

California Investigative Consumer Reporting Agencies Act (ICRAA)

• Overview: California’s ICRAA regulates how consumer reporting agencies collect and disclose personal information in background checks and other investigative reports. It mandates transparency, accuracy, and data protection standards for agencies that produce these reports.

• Key Rights: Consumers have the right to know when an investigative report is being generated, to view the report’s contents, and to dispute inaccuracies. Companies must also obtain written consent before conducting investigative reports.

• Importance: The ICRAA provides critical protections in employment, housing, and other areas where background checks are common, emphasizing consumer rights and limiting data misuse.

Shine the Light Law

• Overview: California’s Shine the Light law (California Civil Code § 1798.83) requires businesses to disclose details of how they share customers’ personal information with third parties for marketing purposes.

• Key Rights: Upon request, consumers are entitled to a report on what personal data was shared and with which third parties for marketing purposes.

• Importance: This law enhances consumer visibility into data-sharing practices for marketing, allowing them to better understand how their information is used by companies and third-party affiliates.

California Data Breach Notification Law

• Overview: California Civil Code §§ 1798.29 and 1798.82 require businesses and government entities to promptly inform individuals if their personal information has been compromised in a security breach.

• Key Rights: Consumers must be notified of a breach, allowing them to take steps to mitigate risks, such as setting up fraud alerts or freezing credit.

• Importance: This was the first state law mandating data breach notifications, setting a national precedent and emphasizing the importance of timely notification in protecting consumer information.

California Invasion of Privacy Act (CIPA)

• Overview: CIPA (California Penal Code § 630 et seq.) prohibits unauthorized recording or interception of confidential communications, including in-person and electronic communications.

• Key Rights: Individuals can take legal action if their private conversations or electronic communications are intercepted, recorded, or monitored without consent.

• Importance: CIPA offers foundational privacy protections, especially critical in an era where technology can easily record or intercept personal communications without individuals’ knowledge.

California Right to Know Act

• Overview: Part of California’s privacy legislation, the Right to Know Act grants California consumers the right to request details on the personal data a business holds about them, including how the data is used and whether it’s shared with third parties.

• Key Rights: Residents can inquire about data collection, request detailed information on data-sharing practices, and understand the types of personal data a business holds.

• Importance: This Act enhances transparency, giving consumers insight and control over the scope of data collection and use by businesses.

Data Breaches and Consumer Rights in California

When companies fail to protect consumer information, resulting in data breaches, California’s data breach notification laws require businesses to promptly notify affected individuals. This notification enables consumers to take swift action, such as initiating fraud alerts or freezing their credit.

R23 Law’s California Data Privacy Attorneys support clients affected by data breaches, helping them understand their rights, seek remedies for damages, and explore options for class action suits in cases of significant data exposure.

FAQs – Understanding Your Data Privacy Rights

What are my rights under California’s data privacy laws?

• Access personal information collected about them.

• Request deletion of their information.

• Control the sale of their data.

• Correct inaccurate information.

• Limit the use of sensitive personal data.

What protections does the FCRA provide?

The FCRA focuses on data privacy within credit reporting. It ensures accuracy, restricts unauthorized access, and allows consumers to dispute inaccuracies. If your credit report contains errors, you have the right to challenge them and have them corrected.

What steps should I take if my data has been exposed in a breach?

If notified of a data breach, you should:

1. Place fraud alerts or freeze your credit.

2. Review your credit reports for unusual activity.

3. Monitor accounts regularly.

Remember, R23 Law’s California Data Privacy Attorneys can evaluate your case for potential legal action, particularly in cases involving large-scale data exposure.

Can I join a class action for a data breach?

Yes, if a data breach impacts a large number of individuals, you may be eligible to join a class action lawsuit. R23 Law has experience handling data breach class actions, helping groups of consumers seek collective compensation.

How can R23 Law help?

Our attorneys assist clients with disputes under the FCRA, guiding them through correcting inaccurate credit data and seeking damages if errors have caused financial harm. We also represent clients for various other data privacy violations, including claims under the CCPA and CCPA.

How R23 Law’s California Data Privacy Attorneys Can Help

R23 Law is committed to protecting your data privacy rights. Our team assists with:

• Asserting Data Privacy Rights: We ensure your rights under the CCPA, CPRA, and FCRA are honored and help you take legal action if they are violated.

• Disputing Credit Report Errors: Our attorneys guide clients in disputing credit report inaccuracies, helping secure corrections and compensation when errors impact finances.

• Class Action Management for Data Breaches: In large-scale data breaches, we support consumers by organizing class actions, holding companies accountable, and seeking fair compensation.

If you suspect your data privacy rights have been violated, CONTACT R23 Law TODAY for a free attorney consultation.

Our expert California Data Privacy Attorneys are dedicated to protecting your information and upholding your rights in the digital age.