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Does the CCPA Confer a Right of Rectification?
Friday, October 23, 2020

No.

The right of rectification refers to the ability of a person to request that a company fix any inaccuracies in the personal information that it holds about them.  While the right of rectification is one of the core tenants of European data privacy law, it is not included within the CCPA.

Unlike the CCPA, the California Privacy Rights Act of 2020 (the “CPRA” or “Proposition 24”) – which will be on the ballot in California in November – would contain a right of rectification.  The proposal would amend the CCPA to provide consumers with a right to “request a business that maintains inaccurate personal information about the consumer to correct that inaccurate personal information . . . .”[1]  If such a request is received, a business would be required to “use commercially reasonable efforts to correct the inaccurate information.”[2]

[1] Proposed Section 1798.106(a).

[2] Proposed Section 1798.106(c).

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