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California - Data Subject Rights

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California - Data Subject Rights

1. Governing Texts

1.1. Legislation
1.2. Regulatory authority guidance

2. Definitions

3. Right to be Informed

3.1. When should information be provided?
3.2. What information should be provided?
3.3. What are the format requirements?
3.4. Are there general exceptions?

4. Right of Access

4.1. What are the legal bases for the right of access?
4.2. What information can be accessed?
4.3. Are there requirements to inform the data subject of this right?
4.4. Are there identity verification requirements?
4.5. What are the timeframes?
4.6. Can fees be charged?
4.7. Are there format requirements?
4.8. Are there general exceptions or grounds for refusing a request?

5. Right to Rectification

5.1. What are the legal bases for the right to rectification?
5.2. Are there requirements to inform the data subject of this right?
5.3. Are there identity verification requirements?
5.4. What are the timeframes?
5.5. Can fees be charged?
5.6. Are there format requirements?
5.7. Are there general exceptions or grounds for refusing a request?

6. Right to Erasure

6.1. What are the legal bases for the right to erasure?
6.2. Are there requirements to inform the data subject of this right?
6.3. Are there requirements to inform others of an erasure request?
6.4. Are there identity verification requirements?
6.5. What are the timeframes?
6.6. Can fees be charged?
6.7. Are there format requirements?
6.8. Are there general exceptions or grounds for refusing a request?

7. Right to Restriction of Processing

7.1. What are the legal bases for the right to restrict processing?
7.2. Are there requirements to inform the data subject of this right?
7.3. Are there identity verification requirements?
7.4. What are the timeframes?
7.5. Can fees be charged?
7.6. Are there format requirements?
7.7. Are there general exceptions or grounds for refusing a request?

8. Right to Object / Right to Opt-Out

8.1. What are the legal bases for the right to object?
8.2. Are there legal bases for withdrawing consent?
8.3. Are there specific grounds for objecting to direct marketing?
8.4. Are there requirements to inform the data subject of the right to object?
8.5. Are there identity verification requirements?
8.6. What are the timeframes?
8.7. Can fees be charged?
8.8. Are there format requirements?
8.9. Are there general exceptions or grounds for refusing a request?

9. Right to Data Portability

9.1. What are the legal bases for the right to data portability?
9.2. To whom may data be transferred under this right?
9.3. Are there requirements to inform the data subject of this right?
9.4. Are there identity verification requirements?
9.5. What are the timeframes?
9.6. Can fees be charged?
9.7. Are there format requirements?
9.8. Are there general exceptions or grounds for refusing a request?

10. Right Not to be Subject to Automated Decision-Making

10.1. What are the legal bases for this right?
10.2. Are there general exceptions or grounds for refusing a request?
10.3. Are there any additional requirements for this right?

11. Penalties

12. Additional Information

12.1. Representative for data subject
12.2. Collaboration with other parties
12.3. Record-keeping
12.4. Other

June 2023

1. Governing Texts

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About the authors

OneTrust DataGuidance Analysts

OneTrust DataGuidance

DataGuidance's Privacy Analysts carry out research regarding global privacy developments, and liaise with a network of lawyers, authorities and professionals to gain insight into current trends. The Analyst Team work closely with clients to direct their research for the production of topic-specific Charts.