Page 36 - GDPR and US States General Privacy Laws Deskbook

(C)  The business transfers to a third party the personal information of a consumer as an asset that is part of a merger,
acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of the business
provided that information is used or shared consistently with this title. If a third party materially alters how it uses or
shares the personal information of a consumer in a manner that is materially inconsistent with the promises made at
the time of collection, it shall provide prior notice of the new or changed practice to the consumer. The notice shall
be sufficiently prominent and robust to ensure that existing consumers can easily exercise their choices consistently
with this title. This subparagraph does not authorize a business to make material, retroactive privacy policy changes
or make other changes in their privacy policy in a manner that would violate the Unfair and Deceptive Practices Act
(Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code).
(ae) “Sensitive personal information” means:
(1) Personal information that reveals:
(A) A consumer’s social security, driver’s license, state identification card, or passport number.
(B)  A consumer’s account log-in, financial account, debit card, or credit card number in combination with any required
security or access code, password, or credentials allowing access to an account.
(C) A consumer’s precise geolocation.
(D) A consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership.
(E)  The contents of a consumer’s mail, email, and text messages unless the business is the intended recipient of the
communication.
(F) A consumer’s genetic data.
(G) (i) A consumer’s neural data.
(ii)  “Neural data” means information that is generated by measuring the activity of a consumer’s central or peripheral
nervous system, and that is not inferred from nonneural information.
(2) (A) The processing of biometric information for the purpose of uniquely identifying a consumer.
(B) Personal information collected and analyzed concerning a consumer’s health.
(C) Personal information collected and analyzed concerning a consumer’s sex life or sexual orientation.
(3)  Sensitive personal information that is “publicly available” pursuant to paragraph (2) of subdivision (v) shall not be
considered sensitive personal information or personal information.
(af)  “Service” or “services” means work, labor, and services, including services furnished in connection with the sale or repair
of goods.
(ag)  (1)  “Service provider” means a person that processes personal information on behalf of a business and that receives from
or on behalf of the business consumer’s personal information for a business purpose pursuant to a written contract,
provided that the contract prohibits the person from:
(A)  Selling or sharing the personal information.
(B)  Retaining, using, or disclosing the personal information for any purpose other than the business purposes specified
in the contract for the business, including retaining, using, or disclosing the personal information for a commercial
purpose other than the business purposes specified in the contract with the business, or as otherwise permitted
by this title.
(C)  Retaining, using, or disclosing the information outside of the direct business relationship between the service
provider and the business.
California Consumer Privacy Act of 2018 (as amended by the
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California Privacy Rights Act of 2020) and Related Regulations