EdLaw
CCPA/CPRA: sale or sharing of minors’ personal information
The consumer right to opt out of sale or sharing of personal information — and the minors’ rule: a business must not sell or share the personal information of a consumer it knows is under 16 without opt-in consent (the consumer’s own at 13–15, the parent’s under 13).
Civ. Code §1798.120
Verbatim from California Legislative Information (current text as at fetch date in frontmatter).
Consumers’ Right to Opt Out of Sale or Sharing of Personal Information
(a) (1) A consumer shall have the right, at any time, to direct a business that sells or shares personal information about the consumer to third parties not to sell or share the consumer’s personal information. This right may be referred to as the right to opt out of sale or sharing.
- (2) A business to which another business transfers the personal information of a consumer as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the transferee assumes control of all of, or part of, the transferor shall comply with a consumer’s direction to the transferor made pursuant to this subdivision. (b) A business that sells consumers’ personal information to, or shares it with, third parties shall provide notice to consumers, pursuant to subdivision (a) of Section 1798.135, that this information may be sold or shared and that consumers have the “right to opt out” of the sale or sharing of their personal information.
(c) Notwithstanding subdivision (a), a business shall not sell or share the personal information of consumers if the business has actual knowledge that the consumer is less than 16 years of age, unless the consumer, in the case of consumers at least 13 years of age and less than 16 years of age, or the consumer’s parent or guardian, in the case of consumers who are less than 13 years of age, has affirmatively authorized the sale or sharing of the consumer’s personal information. A business that willfully disregards the consumer’s age shall be deemed to have had actual knowledge of the consumer’s age.
(d) A business that has received direction from a consumer not to sell or share the consumer’s personal information or, in the case of a minor consumer’s personal information has not received consent to sell or share the minor consumer’s personal information, shall be prohibited, pursuant to paragraph (4) of subdivision (c) of Section 1798.135, from selling or sharing the consumer’s personal information after its receipt of the consumer’s direction, unless the consumer subsequently provides consent, for the sale or sharing of the consumer’s personal information.
Sources
- California Legislative Information — Bus. & Prof. Code §22584
- California Legislative Information — Bus. & Prof. Code §22585
- California Legislative Information — Ed. Code §49073.1
Meta
All statute text above is reproduced verbatim from California Legislative Information (leginfo.legislature.ca.gov), extracted mechanically. Subdivision designations ((a), (1), (A)) are part of the official text, and each subdivision carries a derived attribute anchor built from the citation and its labels (e.g. {#bpc-22584-b-1}).