In the ever-evolving landscape of privacy regulations, California continues to lead the charge with stringent enforcement actions under the California Consumer Privacy Act (CCPA). Recently, the California Privacy Protection Agency (CPPA) issued its first enforcement advisory, signaling heightened scrutiny and enforcement efforts.

The upcoming enforcement sweep is targeted at data minimization directly correlating to subject access requests. What kind of information is the business collecting to perform a subject access request? Is it collecting more than necessary? IS the collection proportional to the request? These are questions companies in scope of CCPA should be asking themselves.

Let’s examine the key takeaways from this advisory and its implications for businesses.

1. Data Minimization Principle Reinforced: The CPPA’s advisory reaffirms the foundational principle of data minimization within the CCPA framework. Data minimization mandates that businesses collect, use, retain, and share consumers’ personal information only to the extent necessary and proportionate for the intended purpose. This principle is enshrined in various statutory and regulatory provisions, emphasizing its critical role in privacy compliance.
2. Application to Data Subject Requests: One significant aspect highlighted in the advisory is the application of data minimization principles to businesses’ responses to data subject requests (DSARs). The CPPA cautions against excessive collection of personal information in response to DSARs, stressing the need for proportionality. Businesses should carefully assess the information requested and ensure it aligns with the specific purpose of the request. Illustrative scenarios provided in the advisory offer guidance on appropriate data handling practices during DSAR processing.
3. Legal Status of Advisories: It’s essential to understand the legal status of enforcement advisories issued by regulatory agencies. While the CPPA’s advisory provides valuable insights and guidance, it does not carry binding legal force. Compliance decisions should primarily rely on the relevant statutory and regulatory provisions outlined in the CCPA. Moreover, the advisory does not offer a safe harbor for businesses and must be interpreted in conjunction with existing laws and regulations.

Impending Enforcement Sweep: In light of the advisory, businesses should prepare for potential enforcement actions and compliance audits by the CPPA. A new enforcement sweep targeting data minimization practices is slated for later this month. It underscores the CPPA’s commitment to ensuring that businesses adhere to the principles of proportionality and necessity when handling consumer data. Organizations should review their data collection and processing practices to ensure alignment with CCPA requirements and mitigate enforcement risks.

Recommendations for Businesses: To navigate CCPA compliance effectively, businesses should take proactive measures:

• Conduct a comprehensive review of data processing activities to identify areas of non-compliance with data minimization principles.
• Implement robust policies and procedures for handling DSARs, ensuring that only the necessary and proportionate information is collected and processed.
• Provide regular training to employees involved in data handling to foster a culture of privacy and compliance.
• Stay updated on regulatory developments and guidance issued by the CPPA and other relevant authorities to adapt compliance strategies accordingly.

The CPPA’s enforcement advisory underscores the importance of data minimization in CCPA compliance and signals heightened enforcement efforts in California. Businesses must prioritize adherence to data minimization principles to mitigate regulatory risks and safeguard consumer privacy rights. By proactively addressing compliance requirements, organizations can navigate the evolving regulatory landscape effectively and build trust with consumers in an increasingly data-driven world.

If you have questions about how Truyo can help you with compliant SAR response, reach out to hello@truyo.com.