Arguably the most important right the California Consumer Privacy Act of 2018 provides to California residents is the right to opt out of data sales. “Sale” is defined as “selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information to another business or a third party for monetary or other valuable consideration.” Valuable consideration is not defined under the CCPA, but the act authorizes the attorney general to provide guidelines in furtherance of the CCPA’s purpose. Absent guidelines, Lydia de la Torre, CIPP/US, and Sebastiano Rupp, both of Santa Clara Law School, propose a possible framework to interpret “valuable consideration” in this exclusive for The Privacy Advisor.
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