- (a) Requests to opt-in to sale or sharing of personal information and requests to opt-in to the use and disclosure of sensitive personal information shall use a two-step opt-in process whereby the consumer shall first, clearly request to opt-in and then second, separately confirm their choice to opt-in.
- (b) If a consumer who has opted-out of the sale or sharing of their personal information initiates a transaction or attempts to use a product or service that requires the sale or sharing of their personal information, the business may inform the consumer that the transaction, product, or service requires the sale or sharing of their personal information and provide instructions on how the consumer can provide consent to opt-in to the sale or sharing of their personal information. The business shall comply with section 7004 when obtaining the consumer's consent.
- (c) If a consumer who has exercised their right to limit initiates a transaction or attempts to use a product or service that requires the use or disclosure of sensitive personal information for purposes other than those set forth in section 7027, subsection (m), the business may inform the consumer that the transaction, product, or service requires the use or disclosure of sensitive personal information for additional purposes and provide instructions on how the consumer can provide consent for the business to use or disclose sensitive personal information for those additional purposes. The business shall comply with section 7004 when obtaining the consumer's consent.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.120, 1798.121, 1798.135 and 1798.185, Civil Code.
History
1. Change without regulatory effect renumbering section 999.316 to new section 7028 filed 5-5-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 18).
2. Amendment of section heading and section filed 3-29-2023; operative 3-29-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 13).
3. Amendment of section heading, section and Note filed 9-22-2025; operative 1-1-2026 (Register 2025, No. 39).