- (a) “Access the Delete Request and Opt-out Platform (‘DROP’)” means a data broker retrieves a consumer deletion list in compliance with Civil Code section 1798.99.86 and section 7612 of this Chapter, and does not include signing into a data broker's DROP account without retrieving a consumer deletion list.
- (b) “Access session” means the time period during which a data broker retrieves a consumer deletion list or communicates a status for a previously received deletion request, and begins when the data broker accesses the DROP and ends when the data broker logs out of its DROP account or completes the data transfer.
- (c) “Consumer deletion list” means a list containing one or more type of consumer identifiers (e.g., email address, phone number, or combination of name, date of birth, and zip code) for every consumer that has submitted a deletion request through the DROP. When made available to a data broker through the DROP, the consumer deletion list includes the applicable consumer identifying information in a hashed format, a transaction identifier, and the hashing algorithm used to hash the identifying information.
- (d) “Direct relationship” means that a consumer has intentionally interacted with a business for the purpose of accessing, purchasing, using, requesting, or obtaining information about the business's products or services. A consumer does not have a “direct relationship” with a business if the purpose of their engagement is to exercise any right described under Civil Code section 1798, or for the business to verify the consumer's identity. A business does not have a “direct relationship” with a consumer simply because it collects personal information directly from the consumer; the consumer must intend to interact with the business. A business is still a data broker and does not have a direct relationship with a consumer as to personal information it sells about the consumer that it collected outside of a “first party” interaction with the consumer, as that term is defined in California Code of Regulations, title 11, section 7001.
- (e) “Delete Request and Opt-out Platform” or “DROP” means the accessible deletion mechanism required by Civil Code section 1798.99.86.
- (f) “DROP account” means an account created within the DROP system.
- (g) “Extraneous or special characters” means non-alphabetic or non-numeric characters, such as punctuation, math symbols, emojis, spaces, and non-English language characters.
- (h) “Minor” means a consumer the data broker has actual knowledge is less than 16 years of age. A business that willfully disregards the consumer's age shall be deemed to have had actual knowledge of the consumer's age.
- (i) “Personal information associated with a matched identifier” means any personal information maintained in a data broker's records collected from a source other than directly from the consumer through a “first party” interaction. This does not include personal information that is subject to applicable exemptions, but includes inferences made from the personal information.
- (j) “Register” means when a data broker or its agent submits all the information required by section 7603 and pays the annual registration fee required by section 7600.
- (k) “Registration period” means January 1-31 of each calendar year.
(l) “Reproductive health care data” means any of the following:
- (1) Information about a consumer searching for, accessing, procuring, using, or otherwise interacting with goods or services associated with the human reproductive system, which includes goods such as contraception (e.g., condoms, birth-control pills), pre-natal and fertility vitamins and supplements, menstrual-tracking apps, and hormone-replacement therapy. It also includes, but is not limited to, services such as sperm- and egg-freezing, In Vitro Fertilization, abortion care, vasectomies, sexual health counseling; treatment or counseling for sexually transmitted infections, erectile dysfunction, and reproductive tract infections; and precise geolocation information about such treatments.
- (2) Information about the consumer's sexual history and family planning, which includes information a consumer inputs into a dating app about their history of sexually transmitted infections or desire to have children is considered sexual history and family planning information.
- (3) Inferences about the consumer with respect to (1) or (2).
In addition to the definitions set forth in Civil Code sections 1798.99.80 and 1798.140, the following definitions apply to this Chapter:
Note: Authority cited: Section 1798.99.87, Civil Code. Reference: Sections 1798.99.80, 1798.99.82, 1798.99.84 and 1798.99.86, Civil Code.
History
1. New article 2 (sections 7601-7605) and section filed 12-26-2024; operative 12-26-2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 52).
2. Amendment of chapter heading, article heading, section and Note filed 11-6-2025; operative 1-1-2026 (Register 2025, No. 45).