Does CCPA Apply to Government Agencies?

The California Consumer Privacy Act of 2018 (“CCPA”) is a law that grants California residents new rights to know about and control the collection, sharing, and sale of a broad array of personal information.

The CCPA requires businesses to honor these consumer rights. It generally applies to for-profit businesses that do business in California, but there are some specific requirements.

By its terms, the CCPA does not impose legal obligations on government agencies to provide consumers with access to, and rights over, personal information that such agencies may collect.

However, the CCPA requires that businesses disclose to consumers the categories of sources from which they collect consumer personal information. “Government entities” are among the categories of sources that a business must disclose to consumers if the business does, in fact, collect personal information from one or more government entities.

Additionally, a business must disclose to consumers the categories of third parties with whom it discloses consumer personal information and for what business purpose. “Government entities” are among the categories of third parties that a business must disclose to consumers if the business does, in fact, disclose personal information to one or more government entities.

The phrase "government entities" is broad and would likely encompass federal, state and local agencies, as well as governmental bodies at all levels that may not be an agency per se, including public schools.