§ 7023. Requests to Correct.
(a) For requests to correct, if a business cannot verify the identity of the requestor pursuant to the regulations set forth in Article 5, the business may deny the request to correct. The business shall inform the requestor that their identity cannot be verified.(b) In determining the accuracy of the personal information that is the subject of a consumer’s request to correct, the business shall consider the totality of the circumstances relating to the contested personal information. A business may deny a consumer’s request to correct if it determines that the contested personal information is more likely than not accurate based on the totality of the circumstances.
(1) Considering the totality of the circumstances includes, but is not limited to, considering:
(A) The nature of the personal information (g., whether it is objective, subjective, unstructured, sensitive, etc.).
(B) How the business obtained the contested information.
(C) Documentation relating to the accuracy of the information whether provided by the consumer, the business, or another source. Requirements regarding documentation are set forth in subsection (d).
(2) If the business is not the source of the personal information and has no documentation in support of the accuracy of the information, the consumer’s assertion of inaccuracy may be sufficient to establish that the personal information is inaccurate.
(c) A business that complies with a consumer’s request to correct shall correct the personal information at issue on its existing systems. The business shall also instruct all service providers and contractors that maintain the personal information at issue pursuant to their written contract with the business to make the necessary corrections in their respective systems. Service providers and contractors shall comply with the business’s instructions to correct the personal information or enable the business to make the corrections. If a business, service provider, or contractor stores any personal information that is the subject of the request to correct on archived or backup systems, it may delay compliance with the consumer’s request to correct, with respect to data stored on the archived or backup system, until the archived or backup system relating to that data is restored to an active system or is next accessed or used.
(1) A business shall accept, review, and consider any documentation that the consumer provides in connection with their right to correct whether provided voluntarily or as required by the business. Consumers should make a good-faith effort to provide businesses with all necessary information available at the time of the request.
(2) A business may require the consumer to provide documentation if necessary to rebut its own documentation that the personal information is accurate. In determining the necessity of the documentation requested, the business shall consider the following:
(A) The nature of the personal information at issue (g., whether it is objective, subjective, unstructured, sensitive, etc.).
(B) The nature of the documentation upon which the business considers the personal information to be accurate (g., whether the documentation is from a trusted source, whether the documentation is verifiable, etc.)
(C) The purpose for which the business collects, maintains, or uses the personal For example, if the personal information is essential to the functioning of the business, the business may require more documentation.
(D) The impact on the consumer. For example, if the personal information has a negative impact on the consumer, the business may require less documentation.
(3) Any documentation provided by the consumer in connection with their request to correct shall only be used and/or maintained by the business for the purpose of correcting the consumer’s personal information and to comply with the record-keeping obligations under section 7101.
(4) The business shall implement and maintain reasonable security procedures and practices in maintaining any documentation relating to the consumer’s request to
(e) A business may delete the contested personal information as an alternative to correcting the information if the deletion of the personal information does not negatively impact the consumer, or the consumer consents to the deletion. For example, if deleting instead of correcting inaccurate personal information would make it harder for the consumer to obtain a job, housing, credit, education, or other type of opportunity, the business shall process the request to correct or obtain the consumer’s consent to delete the information.
(f) In responding to a request to correct, a business shall inform the consumer whether it has complied with the consumer’s If the business denies a consumer’s request to correct in whole or in part, the business shall do the following:
(1) Explain the basis for the denial, including any conflict with federal or state law, exception to the CCPA, inadequacy in the required documentation, or contention that compliance proves impossible or involves disproportionate effort.
(2) If a business claims that complying with the consumer’s request to correct would be impossible or would involve disproportionate effort, the business shall provide the consumer a detailed explanation that includes enough facts to give a consumer a meaningful understanding as to why the business cannot comply with the request. The business shall not simply state that it is impossible or would require disproportionate effort.
(3) If a business denies a consumer’s request to correct personal information collected and analyzed concerning a consumer’s health, the business shall also inform the consumer that they may provide a written statement to the business to be made part of the consumer’s record pursuant to Civil Code section 1798.185, subdivision (a)(8)(D). The business shall explain to the consumer that the written statement is limited to 250 words per alleged inaccurate piece of personal information and shall include that the consumer must request that the statement be made part of the consumer’s record. Upon receipt of such a statement, the business shall include it with the consumer’s record.
(4) If the personal information at issue can be deleted pursuant to a request to delete, inform the consumer that they can make a request to delete the personal information and provide instructions on how the consumer can make a request to delete.
(g) A business may deny a consumer’s request to correct if the business has denied the consumer’s request to correct the same alleged inaccuracy within the past six months of receiving the request. However, the business must treat the request to correct as new if the consumer provides new or additional documentation to prove that the information at issue is inaccurate.
(h) A business may deny a request to correct if it has a good-faith, reasonable, and documented belief that a request to correct is fraudulent or abusive. The business shall inform the requestor that it will not comply with the request and shall provide an explanation why it believes the request is fraudulent or abusive.
(i) Where the business is not the source of the information that the consumer contends is inaccurate, in addition to processing the consumer’s request, the business may provide the consumer with the name of the source from which the business received the alleged inaccurate information.
(j) Upon request, a business shall disclose specific pieces of personal information that the business maintains and has collected about the consumer to allow the consumer to confirm that the business has corrected the inaccurate information that was the subject of the consumer’s request to correct. This disclosure shall not be considered a response to a request to know that is counted towards the limitation of two requests within a 12-month period as set forth in Civil Code section 1798.130, subdivision (b). With regard to a correction to a consumer’s Social Security number, driver’s license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an account password, security questions and answers, or unique biometric data generated from measurements or technical analysis of human characteristics, a business shall not disclose this information, but may provide a way to confirm that the personal information it maintains is the same as what the consumer has provided.
(k) Whether a business, service provider, or contractor has implemented measures to ensure that personal information that is the subject of a request to correct remains corrected factors into whether that business, service provider, or contractor has complied with a consumer’s request to correct in accordance with the CCPA and these regulations. For example, a business, service provider, or contractor may supplement personal information it maintains about consumers with information obtained from a data broker. Failing to consider and address the possibility that corrected information may be overridden by inaccurate information subsequently received from a data broker may factor into whether that business, service provider, or contractor has adequately complied with a consumer’s request to
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.81.5, 1798.106, 1798.130 and 1798.185, Civil Code.