Under the California Consumer Privacy Act, the definition of “sensitive personal information” includes, among other things, a consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership. AB 947 amends the definition of “sensitive personal information” to add a consumer’s citizenship or immigration status.

Under the California Privacy Rights Act, which expanded consumer privacy protections provided by the CCPA and was approved by voters as Proposition 24 during the November 2020 statewide general election, consumers have the right to request businesses to delete personal information about the consumers, unless doing so would restrict the businesses’ ability to comply with federal, state, or local laws or to comply with a court order, subpoena, or government agency request for emergency access. AB 1194 clarifies that a business is required to comply with the privacy rights under the CCPA if a consumer’s personal information contains information related to reproductive health, including contraception, pregnancy, or abortion services. In relation to the government emergency access request exemption, AB 1194 further amends the text of the law to state that a consumer accessing, procuring or searching for reproductive health services does not constitute a natural person at risk or danger of death or serious physical injury.

The Constangy Cyber Team assists businesses of all sizes and industries with implementing necessary updates to their privacy and compliance programs to address evolving developments. If you would like additional information about the CCPA and how it affects your business, please contact us at cyber@constangy.com.