Sale of personal information (CCPA)

Under California's privacy law, making consumers' personal information available to another business for money or other valuable consideration.

Updated

The definition

The California Consumer Privacy Act treats selling, renting, releasing, disclosing or otherwise making available a consumer's personal information to another business for monetary or other valuable consideration as a sale (California Attorney General). Licensing personal information for AI training in exchange for payment fits that description.

What a sale triggers

  • Notice to consumers that their information is sold
  • A "Do Not Sell or Share My Personal Information" opt-out
  • Honoring opt-outs, including browser signals such as Global Privacy Control
  • Extra restrictions for consumers under 16
  • Risk assessment duties under newer regulations

How AI data deals avoid it

Data that meets CCPA's de-identification standard is not personal information. That standard requires reasonable technical measures, a public commitment not to re-identify, and contract terms binding recipients (Frankfurt Kurnit Klein & Selz). Most business data licenses therefore de-identify before transfer rather than sell personal information.

This is general information, not legal advice.

Go deeper

Sources

  1. California Attorney General: California Consumer Privacy Act (CCPA)
  2. Frankfurt Kurnit Klein & Selz: Selling company data for AI training, what to know before you say yes

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