CCPA Train Personnel Responsible for Handling Consumer Inquiries (130.a.6)

Overview:
In order to comply with Sections 1798.100, 1798.105, 1798.110, 1798.115, and 1798.125, a business shall in a form that is reasonably accessible to consumers: Ensure that all individuals responsible for handling consumer inquiries about the business' privacy practices or the business' compliance with this title are informed of all requirements in Sections 1798.100, 1798.105, 1798.110, 1798.115, 1798.125, and this section, and how to direct consumers to exercise their rights under those sections.

Action Items:
1) Review existing privacy notices and verify that they meet each of the new requirements of the CCPA.
2) Identify instances in which you may be collecting information about Californians and do not currently have a privacy notice. In such situations, draft a privacy notice that conforms with both the CCPA and with other privacy laws that may apply (e.g. the GDPR).
3) Review existing methods for submitting access requests to your organization to verify they comply with the CCPA.
4) Review existing policies or procedures for authenticating individuals that make access requests.
5) If no authentication policy exists, draft an appropriate policy for authentication of individuals that make data subject requests.
6) Draft a "play book" that provides standard communications that can be sent to individuals that make access requests, and standard formats for reporting personal information.
7) Train employees on the handling of access requests.
8) Verify that the policy in place facilitates the fulfillment of access requests within the time period permitted by the statute.
9) Create and make available to consumers the following Submission Options: The Business must make available to Consumers two or more designated methods for submitting requests, including, at a minimum, a toll-free telephone number, and if the Business maintains a website, a website address.
10) Establish a means to establish a request is a proper Verifiable Consumer Request (VCR). A "Verifiable Consumer Request" means a request where a Business can verify that the Consumer making the request is the Consumer about whom the business has collected Personal Information or is a person authorized by the Consumer to act on such Consumer's behalf. The attorney general will need to promulgate guidance on what constitutes a VCR, although the Act suggests that a Business can deem a request from a Consumer who is already logged into a service to be verified.
11) Create a process to readily access the specific Personal Information the Business has about each Consumer. This includes knowing what Personal Information is held and what "category" it falls into; where it is stored; and having the ability to extract it.
12) Create a tracking system to ensure compliance with the Response Time and that the request complies with the Applicable Time Period. Business must respond to a VCR by mail or electronically within 45 days (which can be extended for an additional 45 days upon notice to the consumer). The Business needs to inform the Consumer of any such extension within 45 days of receipt of the request, together with the reasons for the delay. Note: In a different section, the CCPA states the response to any VCR can be extended for an additional 90 days. It is unclear whether this is in addition to the two 45 day periods noted here. There is no obligation to provide this information to a Consumer more than twice in a 12-month period, and the information provided need only cover the 12-month period prior to the VCR.
13) Create a means to provide requested Personal Information in a portable and readily usable format. The Personal Information, if provided electronically, should be in a portable and in a readily usable format that allows the consumer to transmit this information from one entity to another entity "without hindrance." If the Consumer has an account with the Business the Personal Information should be delivered through that account. If the Consumer does not have such an account, it can be delivered by mail or electronically at the Consumer's option. Note that a Business cannot require a consumer to create an account in order to submit a VCR.
14) Create a tracking system to each access request and how it was handled to be able to demonstrate compliance.

Related Documents:
1) Privacy Notice
2) Evidence that all individuals responsible for handling consumer inquiries about the business' privacy practice and compliance have been trained
3) Training records for individuals responsible for handling consumer inquiries about the business' privacy practice and compliance

Additional Guidance:
Required Training
A Business is required to ensure that individuals responsible for handling Consumer inquiries about the Business' privacy practices or CCPA compliance are informed about the requirements below, and how to direct Consumers to exercise these rights. A Business should establish a documented training program to satisfy this requirement:
1) Ensure designated personnel understand how to instruct Consumers to exercise their rights under the CCPA related to: disclosure of Personal Information collected by the Business; disclosure of Personal Information sold by the Business; and opting out of the sale of their Personal Information.
2) Ensure designated personnel understand the general CCPA obligations of the business related to: nondiscrimination related to Consumers who exercise their CCPA rights
3) Ensure designated personnel understand the general CCPA obligations of the business related to: disclosure obligations of the business, including duties to make available two or more methods for Consumers to make requests, deliver the required information to a Consumer within 45 days (and when an extension exception may apply), confirm a Verifiable Consumer Request (defined on page 22), and identify by category the Personal Information collected, sold or disclosed about the Consumer for a business purpose in the preceding 12 months
4) Ensure designated personnel understand the general CCPA obligations of the business related to: General CCPA compliance obligations of the business, including duties to: provide a clear and conspicuous opt-out link; provide a description of Consumer opt-out rights; effectuate and comply with opt-out requests in business systems; respect opt-out requests for 12 months before requesting that the Consumer authorize a sale; and permit a designated person to opt out on the Consumer's behalf

Training Employees for Opt-Out Requests
Individuals responsible for handling Consumer privacy inquiries and CCPA compliance must be trained on the opt-out right and how to direct consumers to exercise that right.