The Oregon Consumer Privacy Act (OCPA) grants consumers rights regarding their personal data. One crucial right is the right to deletion. When a consumer requests the deletion of their personal data, a controller must comply, subject to certain exceptions. These exceptions are enumerated in the OCPA and include situations where the data is necessary to complete a transaction for which the personal data was collected, to detect and address security incidents, to debug to identify and repair errors that impair existing intended functionality, to exercise free speech, to comply with a legal obligation, or for certain research purposes. In the given scenario, the controller is processing data collected for marketing purposes, which does not fall under any of the statutory exceptions for refusing a deletion request. Therefore, the controller must honor the request. The OCPA emphasizes transparency and consumer control over personal information, and the right to deletion is a cornerstone of this framework. Failure to comply with a valid deletion request can result in enforcement actions and penalties. The focus is on the controller’s obligation to respond to a consumer’s request unless a specific, legally defined exception applies. The OCPA does not require a controller to retain data indefinitely or for purposes beyond those for which it was initially collected or for which the consumer has consented.

The Oregon Consumer Privacy Act (OCPA) grants consumers the right to opt out of the sale of their personal data. For a business processing personal data of Oregon residents, understanding what constitutes a “sale” is crucial. Under the OCPA, a sale is defined broadly to include the exchange of personal data for monetary consideration or other valuable consideration. This definition is intended to capture a wide range of data-sharing practices beyond traditional sales transactions. For instance, sharing data with a third party for targeted advertising purposes, even if no direct payment is exchanged, could be considered a sale if the third party provides some form of valuable consideration, such as analytics or insights derived from the data. Businesses must therefore carefully review their data-sharing agreements and practices to determine if they involve a “sale” under the OCPA. This includes practices like sharing data with service providers for analytics that benefit the provider, or providing data to partners for joint marketing efforts where there is mutual benefit. The OCPA’s definition of sale is designed to provide consumers with control over how their information is shared, particularly when it is used to generate revenue or other forms of value for the business or its partners. The key is whether there is an exchange of personal data for something of value, regardless of the form of that value.

The Oregon Consumer Privacy Act (OCPA) grants consumers the right to opt-out of the sale of their personal data. A “sale” under the OCPA is broadly defined as the exchange of personal data for monetary or other valuable consideration. This includes sharing data with third parties for targeted advertising purposes, even if no direct payment is made, as long as there is an exchange of value. When a business receives a verifiable consumer request to opt-out of the sale of personal data, it must honor that request within 15 business days. This period can be extended by an additional 15 business days if the business informs the consumer of the extension and the reasons for the delay. The OCPA does not mandate a specific technological standard for implementing opt-out mechanisms, but it requires that the mechanism be effective and easily understandable for consumers. The focus is on the practical ability of the consumer to exercise their right. For a business operating in Oregon that receives such a request, the primary obligation is to cease the sale of that consumer’s personal data. The OCPA does not require the business to provide a specific form of compensation or to offer an alternative service as a condition of honoring the opt-out. The core principle is the cessation of the data transfer that constitutes a “sale.”

The Oregon Consumer Privacy Act (OCPA), specifically ORS 646A.600 et seq., outlines distinct rights and obligations for consumers and businesses. A key aspect is the definition of “personal information” and the scope of entities to which the OCPA applies. The OCPA applies to “persons” that conduct business in Oregon or produce or direct their activities toward consumers in Oregon, and that satisfy certain thresholds. These thresholds relate to the annual gross revenues, the amount of personal information controlled or processed, and the percentage of annual revenue derived from selling personal information. Specifically, the OCPA applies to a controller that conducts business in Oregon or targets consumers in Oregon and meets at least one of the following: (1) has annual gross revenues of $100 million or more; (2) exclusively for the purpose of controlling or processing personal information, alone or jointly with others, has annual gross revenues of $100 million or more; (3) derives 50% or more of its annual gross revenues from selling personal information or engaging in profiling based on personal information; or (4) controls or processes the personal information of 100,000 or more consumers. The question asks about a situation where a company’s revenue is below the threshold, but it processes a significant amount of sensitive personal information for a specific purpose related to its business operations in Oregon. The OCPA’s applicability is not solely based on revenue; the number of consumers whose personal information is processed also plays a crucial role. If a controller processes the personal information of 100,000 or more consumers, it falls under the OCPA’s purview, regardless of its annual gross revenue, provided it also conducts business in or targets consumers in Oregon. Therefore, the processing of sensitive personal information for targeted advertising purposes, involving 150,000 Oregon consumers, clearly meets the threshold for applicability under the OCPA, even with lower revenue.

The Oregon Consumer Privacy Act (OCPA) grants consumers the right to opt out of the sale of personal data. A “sale” under the OCPA is broadly defined to include the exchange of personal data for monetary or other valuable consideration. The OCPA also specifies certain exceptions to this definition, including disclosures to a processor for the purpose of providing a product or service requested by the consumer, or disclosures to a third party for purposes consistent with the consumer’s reasonable expectations or that are reasonably related to the consumer’s interaction with the business. In the scenario presented, “Veridian Solutions,” an Oregon-based company, shares anonymized and aggregated demographic data with “Apex Analytics,” a marketing research firm, in exchange for market trend reports. This exchange, while not a direct monetary transaction for individual data, constitutes a transfer of information that provides “valuable consideration” to Veridian Solutions in the form of market insights. The data is anonymized, but the OCPA’s definition of “sale” can encompass more than just the transfer of directly identifiable personal data, depending on the specific circumstances and whether the anonymization is robust enough to prevent re-identification or if the aggregated data still carries significant value derived from personal data. However, the OCPA, like many other state privacy laws, focuses on the processing and sharing of *personal data*. Anonymized data, by definition, is data that cannot be reasonably linked to an identified or identifiable natural person. If the data shared by Veridian Solutions is truly anonymized and cannot be used by Apex Analytics to identify or re-identify individuals, then it would not fall under the definition of “personal data” as defined by the OCPA. Therefore, its disclosure would not trigger the opt-out rights related to sales of personal data. The key distinction lies in whether the data remains personal data after the anonymization process. If the anonymization is effective and irreversible, it is not personal data. Let’s consider the OCPA’s definition of “anonymous data”: “data that cannot be reasonably linked to an identified or identifiable natural person or a device reasonably linked to an identified or identifiable natural person.” If Veridian Solutions’ data meets this definition, then its transfer to Apex Analytics, regardless of consideration, would not be considered a sale of personal data under the OCPA. The OCPA’s opt-out provisions are specifically tied to the sale of personal data. Therefore, the disclosure of truly anonymized data, which by definition is not personal data, does not constitute a sale of personal data under the Oregon Consumer Privacy Act.

The Oregon Consumer Privacy Act (OCPA) grants consumers the right to opt out of the sale of their personal data. A “sale” under the OCPA is defined broadly to include the exchange of personal data for monetary or other valuable consideration. This definition is crucial because it encompasses situations beyond simple monetary transactions. For instance, sharing data with a third party for targeted advertising, even without direct payment, can be considered a sale if there is an exchange of value, such as enhanced analytics or market insights for the sharing entity. The OCPA’s opt-out right applies to consumers who are residents of Oregon. When a business receives a valid opt-out request, it must comply within 15 business days, with a possible extension of an additional 15 business days if necessary, provided the consumer is informed of the delay. The OCPA also requires businesses to establish a process for consumers to submit opt-out requests, which can include a clear and conspicuous link on their website. The law aims to provide Oregonians with greater control over how their personal information is shared and monetized by businesses. Understanding the scope of “sale” and the procedural requirements for honoring opt-out requests are key to compliance.

The Oregon Consumer Privacy Act (OCPA) grants consumers the right to opt-out of the sale of their personal data. For a business to determine if it is subject to the OCPA, it must meet certain thresholds. A business is considered a “controller” under the OCPA if, in the preceding calendar year, it conducted business in Oregon, or produced or directed its activities toward consumers who are Oregon residents, and met at least one of the following criteria: (1) had annual gross revenues of at least $100 million; (2) acquired or processed the personal data of at least 100,000 Oregon consumers; or (3) derived 25% or more of its annual gross revenues from selling personal data of Oregon consumers. In this scenario, “Innovate Solutions Inc.” has annual gross revenues of $90 million. It also acquired or processed the personal data of 75,000 Oregon consumers. Furthermore, it derived 20% of its annual gross revenues from selling personal data of Oregon consumers. Since none of these thresholds are met ($90 million < $100 million, 75,000 < 100,000, and 20% < 25%), Innovate Solutions Inc. does not meet the criteria to be considered a "controller" under the OCPA. Therefore, it is not obligated to comply with the opt-out requirements of the OCPA for Oregon residents.

The Oregon Consumer Privacy Act (OCPA), effective January 1, 2023, grants consumers rights regarding their personal data. One crucial aspect is the right to opt-out of the sale of personal data. While the OCPA defines “sale” broadly to include exchanges for monetary or other valuable consideration, it carves out specific exceptions. For instance, sharing data with a third party to provide a product or service requested by the consumer, or sharing data with a processor acting on behalf of the controller, are generally not considered sales if the processor agrees not to process the data for other purposes. The OCPA also specifies that sharing data with a third party for purposes to which the consumer has already consented is not a sale. The core principle is whether the transfer involves a tangible or intangible benefit to the controller beyond the mere provision of the service. In this scenario, the data sharing for targeted advertising, even without direct monetary payment, constitutes a sale under the OCPA if it involves providing data to a third party that uses it for its own purposes or to advertise products/services to the consumer, thereby conferring value to the third party. The OCPA’s definition of “sale” is intended to capture such arrangements where personal data is exchanged for benefits that enhance the controller’s or a third party’s business operations or reach. Therefore, the transfer of consumer data to a third-party analytics firm for the purpose of developing new products and services for that firm, and to facilitate targeted advertising for the firm’s clients, would be considered a sale, triggering the consumer’s right to opt-out.

The Oregon Consumer Privacy Act (OCPA), codified in Oregon Revised Statutes Chapter 646A, specifically addresses the rights of consumers regarding their personal data. A key aspect of this legislation, similar to other comprehensive state privacy laws like the California Consumer Privacy Act (CCPA) and the Virginia Consumer Data Protection Act (VCDPA), involves the obligations of businesses that collect and process personal information. The OCPA defines a “controller” as a person that alone or jointly with others determines the purposes and means of processing personal data. A “processor” is defined as a person that processes personal data on behalf of a controller. The law mandates that controllers must provide consumers with specific rights, including the right to access, delete, and opt-out of the sale or sharing of their personal data. Furthermore, controllers must enter into contracts with processors that outline specific data protection requirements. The OCPA applies to controllers that conduct business in Oregon or produce or direct their products or services to consumers in Oregon and meet certain thresholds related to annual revenue and the amount of personal data processed. The threshold for applicability is based on processing the personal data of at least 100,000 consumers or deriving 50% of gross annual revenues from selling personal data and processing the personal data of at least 25,000 consumers. This question tests the understanding of the specific thresholds that trigger the OCPA’s applicability to a business. The calculation involves identifying the correct combination of revenue and consumer data processing that brings a business under the purview of the OCPA. The OCPA’s applicability is triggered if a business meets either of the following conditions: (1) it processes the personal data of at least 100,000 consumers, or (2) it derives 50% of its gross annual revenue from selling personal data and processes the personal data of at least 25,000 consumers. Therefore, a business processing the personal data of 110,000 consumers clearly meets the first condition, irrespective of its revenue from selling personal data.

The Oregon Consumer Privacy Act (OCPA) grants consumers the right to opt out of the sale of personal data. A sale is broadly defined to include the exchange of personal data for monetary or other valuable consideration. The OCPA also provides consumers with the right to request deletion of their personal data and the right to access their personal data. When a consumer exercises their right to opt out of the sale of their personal data, the controller must honor this request. The OCPA requires controllers to implement a mechanism for consumers to submit opt-out requests, such as a clearly labeled link. For targeted advertising and the sale of personal data, the opt-out mechanism must be readily available. The law mandates that a controller must respond to a consumer request within 45 days, with a possible extension of another 45 days if reasonably necessary and the consumer is informed of the extension. The law does not require a controller to retain data indefinitely; rather, it focuses on the rights consumers have regarding their data when it is processed. The OCPA’s definition of “sale” is crucial here; it is not limited to monetary transactions but encompasses exchanges for “other valuable consideration,” which could include data analytics or other benefits. Therefore, if a company shares data with a third party for market research analysis that provides a tangible benefit to the sharing company, this could be considered a sale under the OCPA. The question revolves around the obligations triggered by a consumer’s opt-out request and the general data handling practices under the OCPA. The OCPA requires controllers to honor opt-out requests related to the sale of personal data. It also mandates that controllers provide consumers with information about their data processing practices, including the categories of third parties with whom personal data is shared. The act does not, however, compel a controller to indefinitely retain data that has been requested for deletion by a consumer, nor does it mandate the creation of new data processing agreements solely for responding to opt-out requests. The core obligation is to cease the sale of the consumer’s data upon request.

The Oregon Consumer Privacy Act (OCPA), codified in Oregon Revised Statutes (ORS) Chapter 646A, grants consumers rights regarding their personal data. A key aspect of the OCPA is the right to opt-out of the sale of personal data. The definition of “sale” under the OCPA is broad and includes the exchange of personal data for monetary consideration, but importantly, it also encompasses the exchange of personal data for other valuable consideration. This “other valuable consideration” can include things like targeted advertising, analytics, or other benefits that accrue to the business. When a controller shares data with a processor for the purpose of targeted advertising, even if no direct monetary payment is exchanged, this can constitute a sale under the OCPA if the sharing provides valuable consideration to the controller. The OCPA requires controllers to provide clear notice and mechanisms for consumers to opt-out of such sales. Therefore, if a business shares Oregon resident data with a third party for behavioral advertising purposes without explicit consent, and this sharing provides a benefit to the business beyond mere processing, it would likely be considered a sale requiring an opt-out mechanism. The OCPA’s scope is limited to businesses that meet certain thresholds, such as processing the personal data of at least 100,000 Oregon consumers or deriving 50% or more of their gross revenue from selling personal data and controlling or processing the personal data of at least 25,000 Oregon consumers. The scenario presented involves a business that meets these thresholds and engages in sharing data for behavioral advertising, which falls under the OCPA’s definition of a sale requiring an opt-out.

The Oregon Consumer Privacy Act (OCPA) outlines specific requirements for data controllers and processors. One key aspect is the definition of “sensitive data.” Under the OCPA, sensitive data is broadly defined to include categories that, if disclosed or used inappropriately, could lead to a significant risk of harm to consumers. This includes data revealing racial or ethnic origin, national origin, religious or philosophical beliefs, a consumer’s immigration status, or sexual orientation. It also encompasses genetic data, biometric data processed for the purpose of uniquely identifying a consumer, precise geolocation data, and personal data collected from a known child. The OCPA mandates that consumers have the right to opt-out of the processing of sensitive data. Therefore, a company that collects a consumer’s religious beliefs without their explicit consent and intends to use this information for targeted advertising would be processing sensitive data under the OCPA, triggering specific consent and opt-out requirements. The OCPA’s provisions are designed to provide consumers with greater control over how their most personal information is handled by businesses operating within Oregon. The focus is on preventing potential discrimination or harm that could arise from the misuse of such sensitive personal information.

The Oregon Consumer Privacy Act (OCPA) grants consumers the right to opt out of the sale of their personal data. A “sale” is broadly defined under the OCPA to include sharing personal data for monetary or other valuable consideration. This definition is critical because it encompasses more than just direct financial transactions. For instance, sharing data with a third party in exchange for targeted advertising services, even if no money directly changes hands, could be construed as a sale if the advertising services constitute “other valuable consideration.” The OCPA requires controllers to provide a clear and conspicuous link on their homepage titled “Do Not Sell My Personal Information” or a similar phrase. This link must lead to a process that allows consumers to easily exercise their opt-out rights. When a consumer submits an opt-out request, the controller must honor that request within 15 business days, unless the request is manifestly unfounded or excessive. Furthermore, the controller must inform the relevant third parties to whom the personal data was sold about the consumer’s opt-out request, although the OCPA does not mandate a specific method for this notification, allowing for flexibility in implementation. The law’s intent is to give consumers control over how their data is monetized by businesses.

The Oregon Consumer Privacy Act (OCPA) grants consumers the right to opt out of the sale of their personal data. A “sale” under the OCPA is defined broadly to include the exchange of personal data for monetary or other valuable consideration. This includes situations where a business shares data with a third party for targeted advertising purposes, even if no direct payment is exchanged, if the sharing provides a benefit to the business. For example, if a business shares customer email addresses with an advertising partner in exchange for the partner’s insights into customer demographics, this constitutes a sale if the sharing provides valuable consideration to the business. The OCPA also requires businesses to provide clear notice of such sales and an accessible mechanism for consumers to opt out. The definition of “valuable consideration” is not limited to monetary payment and can encompass other benefits that enhance the business’s operations or profitability. Therefore, any sharing of personal data that results in a tangible benefit or advantage for the business, beyond the mere processing of data on its behalf, could be construed as a sale under the OCPA, triggering the consumer’s right to opt out.

The Oregon Consumer Privacy Act (OCPA) grants consumers the right to opt-out of the sale of personal data. For targeted advertising and profiling purposes, a controller must provide a clear and conspicuous link titled “Do Not Sell or Share My Personal Information.” This link should lead to a webpage where consumers can exercise their opt-out rights. The OCPA defines “sale” broadly, including the exchange of personal data for monetary or other valuable consideration. However, disclosures to service providers or processors that are necessary for the controller to provide a product or service, or for processing on behalf of the controller, do not constitute a sale, provided specific contractual safeguards are in place. The opt-out mechanism must be functional and respected by the controller. Therefore, if a business is selling personal data and does not provide the required opt-out mechanism, it is in violation of the OCPA. The scenario describes a business that sells Oregon residents’ personal data for marketing purposes without offering any opt-out mechanism, directly contravening the OCPA’s requirements. This failure to provide the mandated opt-out process constitutes a violation.

The Oregon Consumer Privacy Act (OCPA), effective January 1, 2023, grants consumers rights regarding their personal data. One key aspect is the right to opt-out of the sale of personal data and targeted advertising. For businesses that process personal data, understanding the scope of “sale” and “targeted advertising” is crucial. The OCPA defines “sale” broadly to include the exchange of personal data for monetary or other valuable consideration. Targeted advertising involves displaying advertisements to a consumer based on their personal data collected from their activities across different websites or online services over time. If a business engages in practices that align with these definitions, such as sharing data with a third party for analytics purposes that enable that third party to serve ads to specific consumer segments on their platforms, it may trigger opt-out requirements. For instance, if a company in Oregon shares customer browsing history with an advertising network to enable that network to show personalized ads to those customers on other sites, this constitutes a sale and targeted advertising under the OCPA, requiring the business to honor opt-out requests. The OCPA also mandates clear disclosure of these practices in the privacy policy and provides consumers with the mechanism to exercise their rights, typically through a designated link or contact method. Compliance necessitates a thorough review of data sharing agreements and processing activities to ensure alignment with the Act’s provisions, including providing a clear mechanism for consumers to opt-out of these data processing activities.

The Oregon Consumer Privacy Act (OCPA), which took effect on July 1, 2024, grants Oregon consumers specific rights regarding their personal data. One key aspect is the right to opt-out of the sale of personal data. The OCPA defines “sale” broadly to include exchanges for monetary or other valuable consideration, but it excludes certain disclosures. Specifically, disclosures to a controller that processes personal data on behalf of the controller are not considered sales if the processor adheres to the same privacy restrictions as the controller and does not use the data for its own purposes. Additionally, disclosures to third parties to whom the consumer has directed the controller to disclose personal data are exempt from the definition of sale. The OCPA also clarifies that sharing personal data with affiliates or a successor in interest does not constitute a sale. Therefore, when a company shares data with a third-party service provider that is contractually obligated to process the data solely for the company’s benefit and not for its own independent purposes, and this processing aligns with the original purpose of data collection and privacy restrictions, it is not considered a sale under the OCPA. This distinction is crucial for understanding the scope of opt-out rights and data processing agreements.

The Oregon Consumer Privacy Act (OCPA) grants consumers the right to opt out of the sale of personal data. A “sale” under the OCPA is defined as the exchange of personal data for monetary or other valuable consideration, but with specific exceptions. One key exception is the disclosure of personal data to a processor that processes the data on behalf of the controller, provided the processor agrees not to sell the personal data and adheres to specific contractual requirements. Another exception is the disclosure of personal data to a third party for purposes to which the consumer has provided consent. Furthermore, disclosure to a third party that is not for the purpose of the controller’s or processor’s commercial benefit, or for the controller’s or processor’s commercial benefit but not for the third party’s commercial benefit, is generally not considered a sale. In this scenario, the disclosure of customer contact information to a third-party marketing firm for the purpose of directly marketing the controller’s own products and services, without any consideration exchanged and without the third party independently profiting from the data beyond facilitating the controller’s marketing, falls outside the OCPA’s definition of a sale. The OCPA’s focus is on transactions where data is exchanged for something of value that benefits the recipient’s commercial interests beyond simply processing on behalf of the original controller or facilitating the controller’s direct marketing efforts. The scenario describes a situation where the third party is acting as an agent for the controller’s marketing, not acquiring the data for its own independent commercial gain or resale. Therefore, this specific disclosure does not constitute a sale under the OCPA.

The Oregon Consumer Privacy Act (OCPA) grants consumers the right to opt out of the sale of their personal data. This right is fundamental to the consumer’s control over their information. A “sale” of personal data under the OCPA is broadly defined to include exchanges for monetary or other valuable consideration, but with specific exceptions. These exceptions are crucial for understanding the scope of the OCPA’s opt-out provisions. For instance, sharing data with a processor acting on behalf of a controller is generally not considered a sale. Similarly, sharing data with a third party for purposes to which the consumer has consented, or for purposes consistent with the consumer’s reasonable expectations, may also fall outside the definition of a sale. However, if a business shares personal data with a third party for that third party’s own purposes, and receives something of value in return, this likely constitutes a sale, triggering the consumer’s right to opt out. The OCPA emphasizes transparency and consumer control, making the definition of “sale” a key area of focus for businesses operating in Oregon. Understanding these nuances is vital for compliance, particularly when engaging in data sharing practices that might be considered a sale under the Act.

No calculation is required for this question as it tests conceptual understanding of Oregon’s privacy laws. Oregon’s approach to data privacy, particularly as codified in the Oregon Consumer Privacy Act (OCPA), centers on providing consumers with specific rights regarding their personal data. The OCPA grants consumers the right to access, correct, delete, and opt-out of the sale of their personal data. It also mandates that controllers provide clear and comprehensive privacy notices, obtain consent for sensitive data processing, and implement reasonable security measures. A key differentiator in many US state privacy laws, including the OCPA, is the scope of applicability, often tied to revenue thresholds and the volume of personal data processed. The OCPA defines “personal data” broadly and “sensitive data” with specific categories. Controllers are required to conduct data protection assessments for activities that present a heightened risk of harm to consumers. The OCPA, like many other state laws, does not create a private right of action for violations, meaning enforcement is primarily handled by the Oregon Attorney General. Understanding the specific definitions of controller, processor, consumer, and the types of data covered is crucial for compliance. The law also outlines requirements for data minimization and purpose limitation.

The Oregon Consumer Privacy Act (OCPA) grants consumers the right to opt-out of the sale of personal data. A “sale” under the OCPA is broadly defined as the exchange of personal data for monetary or other valuable consideration. However, the OCPA provides specific exceptions to this definition. One such exception is the disclosure of personal data to a third party for the purpose of providing a product or service requested by the consumer. Another exception is the disclosure of personal data to a processor for the purpose of processing the data on behalf of the controller. Furthermore, sharing data with affiliates for legitimate business purposes, provided certain conditions are met, is also not considered a sale. The scenario describes a situation where a company, “Northwest Innovations,” shares customer data with a marketing analytics firm, “Cascade Insights,” to improve product development based on aggregated and anonymized trends. Crucially, the data shared is anonymized and aggregated, meaning it no longer identifies or is reasonably linkable to an individual consumer. Disclosures of anonymized or de-identified data are explicitly excluded from the definition of “sale” under the OCPA, as the data no longer constitutes “personal data.” Therefore, Northwest Innovations’ action does not constitute a sale of personal data under the OCPA.

The Oregon Consumer Privacy Act (OCPA), which went into effect on July 1, 2024, grants consumers rights regarding their personal data. A key aspect of the OCPA is the right to opt-out of the sale of personal data. The definition of “sale” under the OCPA is broad, encompassing the exchange of personal data for monetary consideration, but also for other valuable consideration. This includes sharing data for targeted advertising or to third parties for purposes that benefit the controller beyond the direct provision of a service. When a business shares personal data with a processor for the purpose of targeted advertising, and the processor uses that data to improve its own services or to provide analytics to other clients, this constitutes valuable consideration, thus falling under the definition of a sale. Therefore, a consumer has the right to opt-out of this specific type of data sharing. The OCPA’s provisions are in line with other state privacy laws like the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) in their intent to provide consumers with control over their data, though specific definitions and opt-out mechanisms may vary. Understanding the nuances of “valuable consideration” is crucial for businesses operating in Oregon to ensure compliance with the OCPA’s opt-out requirements.

The scenario involves a business operating in Oregon that collects personal information. The core of the question lies in understanding the scope and applicability of Oregon’s Consumer Privacy Act (OCPA). The OCPA, enacted in 2023 and effective in 2024, grants consumers rights regarding their personal data. A key aspect of the OCPA is its applicability threshold. The law applies to a “person conducting business in Oregon” that, during a calendar year, either: (1) controls or processes the personal data of at least 100,000 Oregon consumers, or (2) controls or processes the personal data of at least 25,000 Oregon consumers and derives more than 25% of its gross revenue from selling personal data or deriving revenue from such sales. The business in the scenario does not sell personal data, nor does it derive revenue from such sales. Therefore, the applicability hinges solely on the number of Oregon consumers whose personal data it controls or processes. Since the business processes the personal data of 150,000 Oregon consumers, it clearly meets the first prong of the applicability test. Consequently, the OCPA applies to this business. The OCPA defines “personal data” broadly as information that is linked or reasonably linkable to an identified or identifiable natural person. It also defines “sale” as the exchange of personal data for monetary or other valuable consideration, but explicitly excludes certain transfers, such as those made to a processor for the purpose of providing services to the controller, or transfers made to a third party to provide a product or service requested by the consumer. Since the business does not engage in sales as defined by the OCPA, and it processes the data of over 100,000 Oregon consumers, the OCPA’s provisions regarding consumer rights and business obligations are triggered.

The Oregon Consumer Privacy Act (OCPA), codified in Oregon Revised Statutes (ORS) Chapter 646A, specifically addresses the rights of consumers regarding their personal data and the obligations of controllers and processors. A key aspect of the OCPA is the definition of “personal data” and “sensitive data.” Sensitive data, under the OCPA, includes a narrower set of categories that, if disclosed, could pose a significant risk of harm to the consumer. These categories are defined in ORS 646A.600(15) and include data revealing racial or ethnic origin, religious or philosophical beliefs, a trade union membership, the status of a consumer as a victim of a crime, or data concerning a consumer’s sex life or sexual orientation. Additionally, genetic data and precise geolocation data are also classified as sensitive data. Health data, while often considered sensitive in other contexts, is not explicitly enumerated as “sensitive data” under the OCPA’s definition, unless it falls into one of the other enumerated categories (e.g., if health data reveals a consumer’s sexual orientation). Therefore, when a business collects data about a consumer’s medical history that does not inherently reveal their race, religion, union membership, victim status, or sexual orientation, it would be classified as personal data, not sensitive data, under the OCPA. The OCPA grants consumers rights such as the right to access, correct, delete, and opt-out of the sale of their personal data, with specific requirements for controllers to honor these requests. The definition of sensitive data triggers heightened obligations, including obtaining consent before processing.

The Oregon Consumer Privacy Act (OCPA), codified in Oregon Revised Statutes Chapter 646A, grants consumers specific rights regarding their personal data. One crucial aspect is the right to opt-out of the sale of personal data. Under the OCPA, a “sale” is broadly defined to include the sharing of personal data for monetary or other valuable consideration, excluding certain specific activities like sharing with service providers or for targeted advertising under particular conditions. When a controller shares personal data with a third party for purposes that do not fall under the explicit exclusions, and there is an exchange of value, it constitutes a sale. The OCPA requires controllers to provide a clear and conspicuous link on their website titled “Do Not Sell My Personal Information” or a similar phrase, allowing consumers to exercise their opt-out right. This right is a cornerstone of consumer control over their data in Oregon, reflecting a broader trend in US state privacy legislation. Understanding the nuances of what constitutes a “sale” is vital for compliance, as it dictates when the opt-out mechanism must be provided. The OCPA’s definition is intentionally broad to capture various forms of data monetization, ensuring robust consumer protection.

The Oregon Consumer Privacy Act (OCPA), which went into effect on July 1, 2023, grants consumers rights regarding their personal data. A key aspect of the OCPA is the definition of “sensitive data.” Sensitive data is defined as data that could pose a heightened risk of harm or discrimination if disclosed or misused. This includes specific categories such as data revealing racial or ethnic origin, religious beliefs, a mental or physical health condition or diagnosis, sex life or sexual orientation, citizenship or immigration status, precise geolocation, and genetic data. Additionally, it includes personal data collected from a known child. The OCPA requires controllers to obtain consent before processing sensitive data. The scenario describes a company collecting precise geolocation data from its users. Precise geolocation data falls under the explicit definition of sensitive data within the OCPA, regardless of whether the user is a child or not. Therefore, the company must obtain consent from consumers before processing this precise geolocation data.

The Oregon Consumer Privacy Act (OCPA) grants consumers the right to opt out of the sale of their personal data. A “sale” under the OCPA is broadly defined as the exchange of personal data for monetary or other valuable consideration. However, certain disclosures are excluded from this definition. Specifically, disclosures to a third party for purposes for which the personal data was collected, or for processing the data on behalf of the controller, are generally not considered sales if the third party does not further process the data in a manner inconsistent with the purposes disclosed to the consumer. Additionally, disclosures to a third party for the purpose of providing a product or service requested by the consumer, or for the purpose of detecting and preventing security incidents, fraud, or other illegal activity, are also excluded. The OCPA does not mandate a specific calculation to determine if a disclosure constitutes a sale; rather, it relies on the intent and nature of the exchange and the subsequent use of the data. The core principle is whether the disclosure involves a transfer of data for value in a way that benefits the recipient beyond the direct provision of services or fulfillment of consumer requests, and where the recipient is not merely acting as a processor under the controller’s direction. Therefore, a scenario where a company shares aggregated, anonymized data with a research firm in exchange for market insights, without any direct or indirect remuneration or valuable consideration for the data itself, would not typically be considered a sale under the OCPA. The consideration must be for the data.

The Oregon Consumer Privacy Act (OCPA), codified in Oregon Revised Statutes (ORS) Chapter 646A, specifically addresses the rights of consumers regarding their personal data. A key aspect of the OCPA is the definition of “personal data,” which includes information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer. The OCPA also outlines specific rights for consumers, such as the right to access, correct, delete, and opt-out of the sale of personal data. The definition of “sale” under the OCPA is broad and encompasses the exchange of personal data for monetary or other valuable consideration. When a business collects personal data, it must provide a clear and conspicuous privacy notice detailing the types of personal data collected, the purposes for collection, and the rights of consumers. Furthermore, the OCPA mandates that controllers implement reasonable security safeguards to protect personal data. The disclosure of sensitive personal data requires explicit consent. The OCPA’s scope is generally limited to businesses that conduct business in Oregon or target Oregon consumers and meet certain processing thresholds, such as processing the personal data of at least 100,000 consumers or deriving 25% or more of their gross revenue from the sale of personal data. The OCPA does not apply to certain entities like government agencies or non-profits, nor does it apply to data processed in compliance with specific federal laws like HIPAA or the FCRA. The question probes the understanding of what constitutes personal data under the OCPA and the associated consumer rights and business obligations. The correct option accurately reflects the broad definition of personal data and the core rights afforded to Oregon consumers under the statute, along with the obligation for businesses to provide transparency and security.

The Oregon Consumer Privacy Act (OCPA), which took effect on July 1, 2024, grants consumers rights regarding their personal data. A key aspect of the OCPA is the definition of “personal data” and the exemptions from its scope. Specifically, data that is de-identified or publicly available is generally not considered personal data under the OCPA. De-identified data is defined as data that cannot reasonably be used to infer information about, or otherwise identified, an individual. Publicly available data is information that is lawfully made available to the general public through federal, state, or local government records. Therefore, a company collecting data that has been lawfully obtained from public government records, such as property deeds or court filings, would not be subject to the OCPA’s requirements for that specific data, as it falls under the publicly available exemption. Other exemptions exist, such as for data processed for public health activities or for employment purposes, but the publicly available data exemption is directly applicable here.

The Oregon Consumer Privacy Act (OCPA), codified in Oregon Revised Statutes Chapter 646A, Subchapter 1, grants consumers rights regarding their personal data. Specifically, Section 646A.604 outlines the obligations of a “controller,” which is defined as a person who determines the purposes and means of processing personal data. When a controller uses a “processor” to conduct activities on its behalf, the OCPA mandates a contractual relationship that adheres to specific requirements. Section 646A.606 details these processor obligations. A controller must enter into a written contract with a processor that clearly outlines the data processing instructions. This contract must stipulate that the processor will adhere to the controller’s documented instructions regarding the processing of personal data, including the specific purposes for which the data may be processed. Furthermore, the contract must ensure the processor’s commitment to assisting the controller in fulfilling its obligations under the OCPA, such as responding to consumer rights requests and addressing data security breaches. The contract must also require the processor to implement appropriate technical and organizational measures to protect personal data and to delete or return all personal data to the controller upon termination of the processing services, unless retention is required by law. The OCPA does not require the controller to obtain an additional, separate consent from the consumer for the processor to perform services on the controller’s behalf, provided the processing aligns with the purposes for which the data was initially collected and the contractual obligations are met. The OCPA’s focus is on the contractual safeguards between the controller and processor to ensure the consumer’s data is handled according to the controller’s obligations.