California Consumer Privacy Act Vs California Invasion of Privacy Act: What’s The Difference?

If you’re confused about the legal requirements of CCPA, CPRA, and CIPA for business websites, don’t worry—we’re here to help! These California laws focus on protecting consumer privacy, but they cover different aspects of your business operations. Whether you’re located in California, conduct business there, or even if you just have a single website visitor from California, these privacy laws may apply to you. It’s hella annoying, but being educated is the first challenge. No one has time to deal with costly lawsuits.

We’ll explain the key differences between the robust California Consumer Privacy Act (CCPA), its supercharged amendment, the California Privacy Rights Act (CPRA), and the sneaky California Invasion of Privacy Act (CIPA). This fast lesson will help you keep your website compliant and avoid legal issues. Let’s dive in and make sure your privacy practices are up to date!

What Are The Differences Between The California Privacy Laws?

Listen up, business owners, because California is not just about beaches, Hollywood, and avocados. It’s also a litigation-happy state that is leading the pack to protect privacy rights due to its robust and varied laws. Each law provides different levels of protection for that all-important personal data and the situation is still evolving as web technologies mature. There are multiple ways website visitors are unknowingly tracked, and the data that is voluntarily provided and collected hasn’t always been legally safeguarded.

We have all heard stories about identity theft, hacker breaches, and third-party spyware. There are also concerns about credit card theft and personal data being leaked on the dark web. Sometimes, personal data is stored with or without consent and it can be accidentally mishandled. These issues have put business website owners in the United States at risk of getting sued if they don’t comply with new standards, especially now that legal protections are in place.

The California Consumer Privacy Act (CCPA)

The CCPA, which made its grand entrance on January 1, 2020, was a game-changer in how businesses handle personal information. Imagine it as the privacy police, making sure businesses, service providers, and third parties respect and protect consumer data rather than just treating it like yesterday’s junk mail.

Personal information is anything that identifies, relates to, describes, can be linked to or with either directly or indirectly a consumer or their household. Stuff like their name, email address, things they’ve purchased, their browsing history, and even the creation of a profile based on what you’ve guessed about them based on their data, among other things. It doesn’t stop there…

The CCPA requires businesses to provide a clear and conspicuous link titled “Do Not Sell My Personal Information” on their websites.

CCPA’s Major Amendment: The California Privacy Rights Act (CPRA)

Meet the California Privacy Rights Act—an enhanced version of the CCPA that took privacy protection to the next level starting January 1, 2023. It doesn’t replace CCPA but builds on it, like a major upgrade. Think of CPRA as CCPA 2.0, packed with new rules and stronger protections. While the CCPA laid the foundation, CPRA expanded on it, adding more consumer rights and fine-tuning the existing ones, bringing the total to six. So, if you thought CCPA was doing the job, CPRA is here to make sure it’s doing it even better!

• The right to limit how businesses use and disclose sensitive personal information they collect.
• The right to opt out of the sale of personal information, and the sharing of personal information for targeted, cross-context advertising.
• The right to correct any inaccurate personal information a business holds about them.
• The right to know what personal information a business has collected, and how it is being used and shared.
• The right to equal treatment—businesses cannot treat consumers unfairly for exercising their CCPA rights.
• The right to delete personal information that businesses have collected from them, with certain exceptions.

This act brought to the table the concept of “sensitive personal information.” Now, that’s not just your run-of-the-mill data. We’re talking data that includes your precise geolocation, racial or ethnic origin, biometric data—yes, those irreplaceable fingerprints—and more. If companies want to navigate this treasure trove of data, they’d better have a really clear map—and consumer permission!

CPRA also set up the California Privacy Protection Agency (CPPA), because when you’re serious about privacy, you set up a whole agency for it! They’re like the professional referees of the privacy world, ensuring the rules are followed, penalties are handed out, and everyone plays nice.

California Invasion Of Privacy Act (CIPA)

The California Invasion of Privacy Act was established way back in 1967—yeah, it’s like the wise grandparent of California privacy laws, still dishing out valuable lessons. Its primary focus? Stopping electronic eavesdropping in its tracks. CIPA ensures that no one is listening in on your confidential conversations without your express consent—because what happens in Vegas… well, it still shouldn’t be overheard by just anyone.

Recently, lawyers have been stepping up for their Californian clients, arguing that modern online tracking technologies are basically the same as old-school pen registers. These pen registers were once used to track phone numbers dialed over a telephone line. If CIPA banned pen registers for collecting data without consent, the argument goes that cookies, tags, and beacons tracking users’ activities without explicit permission should face the same treatment.

CIPA means business when it says you need to get consent before recording or monitoring information. Ignore this law, and you could be hit with fines so hefty they’ll make a California traffic ticket look like pocket change—up to $5,000 per violation! And if you think you’re safe just because your business isn’t based in California, think again—if you have California customers, CIPA’s got its eye on you, too.

Key Differences Between CCPA & CIPA

Alright, folks, it’s time for the showdown—a little comparison between CCPA and CIPA. Because just like surfers choosing between a longboard and a shortboard, every business must decide how to navigate these privacy waves.

Scope & Purpose

The California Consumer Privacy Act (CCPA) is here to give California residents the power to control their personal info—think of it as a “superpower” for consumers! It lets them access, delete, and even say, “No thanks!” to the sale of their data. And heads up, business owners: if you’re handling data for over 100,000 people, raking in more than $25 million a year, or making half your dough from selling data, you’re in CCPA’s spotlight. Its aim is clear: transparency and control over data.

On the other hand, CIPA’s turf is protecting consumers from sneaky monitoring. It safeguards against unauthorized recordings, eavesdropping, and, more recently, online tracking technologies like cookies. While the CCPA deals with “what” gets collected, CIPA is more about “who’s listening and how.” Even your usual practices—like tracking interactions or keeping tabs on browsing behavior—could land you in hot water without clear user approval.

Impact On Businesses & Website Owners

The impact of these laws is as different as night and day. With CCPA You’ll need to be clear about the personal information you collect, how you use it, and whether it’s for sale—this means investing in new systems to manage data collection and respond to consumer requests. Plus, you have to let consumers access, delete, and opt-out of the sale, if not the collection, of their personal information. That means your customers are in control, which could complicate your processes and require tech upgrades. And don’t forget, ignoring these rules could lead to fines of up to $7,500 per violation—yikes!

CIPA, however, has a different cast. For business owners, it’s crucial to be upfront about any tracking on your site and to allow consumers to opt out entirely to keep things running smoothly and avoid those pesky fines and potential lawsuits! Violations here can escalate to courtroom dramas faster than you can say “cease and desist.”

Personal Information Protection

When it comes to protecting personal data, the CCPA could easily earn a spot on the privacy protection walk of fame. Under it, personal information is like a cherished treasure. It’s all about how this info is collected, used, shared, and sold. Consumers can voice how they want their data handled, making them the mini-moguls of their data empires.

CIPA, in contrast, ensures the setting in which information is communicated stays private. It doesn’t focus on how the data moves around but rather who’s got eyes and ears on the conversation. Personal information here is about guarding privacy in communication methods—less emphasis on collection, more on confidentiality.

Understanding Consent In Public & Private Spaces

Under the California Consumer Privacy Act (CCPA), consent is the star of the show, meaning businesses must be upfront about the personal information they collect and give consumers the option to opt out before selling their data. When customers say “no thanks” to their information being sold, you need to respect that choice! For business owners, it’s all about keeping communication open and ensuring customers have control over their data practices.

Over in the CIPA bandstand, consent remains a hot topic, too. But here, it’s about getting the green light before tapping into an individual’s electronic communications and data at all. This act and the precedence being set currently want consumers to know if their conversations and online movements are being recorded and to consent to it. No sneaky business allowed!

Website Cookies & Privacy Notices

Those pesky cookie pop-ups have become as ubiquitous as cat videos online, prompting us to click “Accept” to access pretty much anything online. Simply put, the world has gone gaga over privacy. And for a good reason! With behemoths like the CCPA—newly fortified by CPRA—and new legal uses of CIPA leading the charge, companies are required to inform users how their browsing information (AKA cookies) is collected, utilized, and shared.

Cookies, those sneaky little data packets, have been the trusty sidekicks of web developers for decades, helping to enhance user experience and track which pages are racking up those sweet views. But with the CCPA bolstered by CPRA and CIPA reigning supreme, business owners now have a crucial responsibility: you must explicitly declare the cookies you’re collecting, give users the option to opt in or out, and ensure that your privacy policies are easy to find and user-friendly. That’s where privacy policies and cookie consent banners come into play, and an automated privacy policy solution can help you keep up with the ever-changing landscape.

The Worldwide Reach Of California Laws

Welcome to the brave new world where California’s privacy laws have tentacles stretching beyond its sun-kissed beaches. The CCPA, CPRA and CIPA apply not just to California companies, but also to any business anywhere in the world that processes data on Californian residents. So, whether you’re operating out of a small house in New Jersey, or relaxing in Rome, if you’re dealing with data of Californians, you are on the playing field.

Under the CCPA, you need to meet certain thresholds to be on the hook—like having annual revenues over $25 million or buying, receiving, or selling personal information from 50,000 or more consumers or devices. But here’s the kicker: CIPA doesn’t care about your size or revenue. If you have even a single Californian website visitor, it applies to you, whether you’re a global giant or a one-person show.

Implications For Businesses Outside California

“But wait,” we hear you cry, “we’re not in California!” Well, sorry to burst your bubble, but what happens in California, definitely doesn’t stay in California! Over here at Site Smart Marketing, we’ve got a secret for you: if you’re dealing in bits and bytes with anyone in California, these robust privacy laws will knock on your door, wherever you are. The CCPA can impose fines on any qualifying businesses that violate it. With the CIPA at their backs, consumers can directly file a lawsuit with a business as long as it’s within a year of being tracked.

How To Comply With CCPA & CPRA?

To comply with the CCPA (supercharged by the CPRA), your business needs solid “reasonable security procedures” to play bodyguard to consumer data. Start by following the CIS Critical Security Controls: keep a tidy data inventory, toss out unneeded sensitive info, and encrypt anything that moves (mobile devices, USBs, you name it!). Don’t forget—be upfront and let consumers know you’re tracking them!

• Give visitors a way to opt-out of the sharing, sale, and use of their information.
• Create a data inventory to track all your sensitive information.
• Ditch any sensitive data you don’t actually need.
• Monitor and block unauthorized network access.
• Encrypt the hard drives on all mobile devices and USBs.
• Watch out for unauthorized encryption use and stop it in its tracks.

Protect Your Business From CIPA Lawsuits

When it comes to CIPA, consent is king! Use a cookie consent banner to make sure users know they’re being tracked and to get their “yes” (or “no thanks”). This banner needs to block tracking until you get the green light, have clear “accept” and “decline” options, and be just as user-friendly as the rest of your website. Opting in means fewer chances of getting hit with fines, so make sure to keep things clear, transparent, and fun!

• Use a cookie consent banner that blocks all tracking until users say “yes, please.”
• Make sure the “accept” and “decline” buttons are equally prominent—no sneaky tricks!
• Allow users to change their minds and withdraw consent anytime.
• Provide enough info for users to make an informed choice about being tracked.

Secure Your Business From Website Privacy Pitfalls

Alright folks, let’s wrap this up. The California Consumer Privacy Act (CCPA) and the California Invasion of Privacy Act (CIPA) are two heavy-hitters in the world of privacy protection. Although they both have the common goal of safeguarding personal information, they tackle different aspects and have diverse implications for businesses.

• CCPA focuses on consumer rights like access, deletion, and selling of personal data.
• CIPA zeroes in on unauthorized surveillance and recording activities.

Understanding these laws isn’t just about staying legal—it’s about respecting customer privacy and building trust. So, let’s keep our businesses savvy, consumer-friendly, and compliant. Because what happens in California will definitely not stay in California, especially when it comes to privacy violations! And if you need help with automating your privacy policy, SEO, website builds, or Google Ads, Site Smart Marketing is ready to help you stay ahead of the game. Get in touch today!