Medesthetics

OCT 2018

MedEsthetics—business education for medical practitioners—provides the latest noninvasive cosmetic procedures, treatment trends, product and equipment reviews, legal issues and medical aesthetics industry news.

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LEGAL ISSUES | By Bill Fukui A new California law, the California Consumer Privacy Act of 2018 (CCPA), may affect how you do business—even if your facility is not based in California. The law, which raced through the state legislature in June and was signed by Governor Jerry Brown almost immediately, is the fi rst statewide legislation in the United States that not only ap- plies to California businesses, but to any business that en- gages and sells services to California consumers online. The CCPA was a compromise measure. Its quick ex- ecution was primarily to preempt an even more stringent alternative that was already slated for the state's Novem- ber ballot. What is CCPA? The CCPA gives California consumers greater protection and control of their personal data. Under the CCPA, con- sumers have the following rights: • Right to know ALL data collected by a business on them. • Right to say NO to the sale of their personal information. • Right to DELETE their data. • Right to be informed of what categories of data will be collected about them prior to its collection, and to be informed of any changes to this collection. • Mandated opt-in before sale of children's information (under age 16). • Right to know the categories of third parties with whom their data is shared. • Right to know the categories of sources of information from whom their data was acquired. • Right to know the business or commercial purpose of collecting their personal information. • Private right of action when companies breach con- sumer data, to make sure these companies keep the information safe. The Attorney General of the State of California will en- force the legislation. Penalties for noncomplicance include: • Consumer statutory damages of $100 to $750 per violation. • Civil penalties of up to $7,500 for each violation. Does the Law Affect Your Practice? More than 500,000 small- to medium-sized businesses will be affected by CCPA, according to the International As- sociation of Privacy Professionals (IAPP). But most individual 26 OCTOBER 2018 | MedEsthetics © GETTY IMAGES California's new Consumer Privacy Act: What you need to know. ONLINE PRIVACY LEGISLATION

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