SHARE

FEATURED STORY November 22, 2022

Can a business require a consumer to submit a declaration under penalty of perjury in order to prove their identity?

You've Reached Your
Free Article Limit This Month
Register for free to get unlimited access to all Law.com OnPractice content.
Register Now

The regulations implementing the CCPA require that a business verify the identity of a consumer that submits a specific-information access request to a "reasonably high degree of certainty."[1] The regulations provide as an example matching three pieces of personal information provided by the consumer with three pieces of personal information maintained by the business and obtaining a signed declaration under penalty of perjury that the requestor is the consumer whose personal information is the subject of the request.[2]

Although businesses are permitted to request that consumers sign a declaration under penalty of perjury, only 1% of companies state in their privacy notices that they require such an affidavit or a declaration.[3] However, it is possible that once a data subject request has been submitted, other companies also request a signed verification prior to providing information in response to a specific-information access request, even if that prerequisite is not in the corporate privacy notice.


[1] Cal. Code Regs. tit. 11, § 999.325(c) (2021).

[2] Cal. Code Regs. tit. 11, § 999.325(c) (2021).

[3] Greenberg Traurig LLP reviewed the publicly available privacy notices and practices of 555 companies (the Survey Population). The Survey Population comprises companies that had been ranked within the Fortune 500 at some point in the past five years as well as additional companies selected from industries that are underrepresented in the Fortune 500. While the Survey Population does not fully match the current Fortune 500 as a result of industry consolidation and shifts in company capitalization, we believe that the aggregate statistics rendered from the Survey Population are representative of mature companies. Greenberg Traurig's latest survey was conducted between September and October 2022.

ALM expressly disclaims any express or implied warranty regarding the OnPractice Content, including any implied warranty that the OnPractice Content is accurate, has been corrected or is otherwise free from errors.

More From Greenberg Traurig

CFPB Says 'Show Me The (Consumer Unfriendly) Fine Print'

By Timothy A. Butler Greenberg Traurig January 25 , 2023

On Jan. 11, the Consumer Financial Protection Bureau (CFPB) released a proposed rule that would require certain nonbank financial companies subject to its supervisory jurisdiction to submit annual reports about their use of terms and conditions that attempt to waive or limit consumer rights and protections.

FINRA Files Amendments to Proposed Rule Change That Will Allow Remote Inspections

By William B. Mack Greenberg Traurig January 25 , 2023

Last summer, the Financial Regulatory Authority (FINRA) proposed a rule change to its supervision rule (FINRA Rule 3110) to allow member firms to conduct remote inspections of some or all branch offices and locations.

5 Trends to Watch: 2023 Venture Capital

By Chinh H. Pham Greenberg Traurig January 20 , 2023

The current macroeconomic environment, coupled with record increases in valuations over the last several years, is creating an increase in down-rounds, re-pricings, and recapitalizations.

More From Cybersecurity

5 Trends to Watch: 2023 Hospitality

By Samantha Ahuja Greenberg Traurig January 18 , 2023

For many hotels, the pandemic exacerbated the challenges of finding enough qualified workers to fill jobs.

Cookies and Other Tracking Technologies May Violate HIPAA

By Karin E. Ross Greenberg Traurig January 18 , 2023

In the midst of significant privacy changes in many U.S. states affecting tracking technologies such as cookies, pixels, and adtech, new lawsuits are alleging entities violated the Health Insurance Portability and Accountability Act of 1996 (HIPAA) via impermissible disclosure of protected health information due to the use of these technologies.

10 Issues to Watch in the New Congress

By Robert Mangas Greenberg Traurig January 17 , 2023

The split party control in the U.S. Senate and House of Representatives will require bipartisanship to produce successful legislation over the next two years.

Featured Stories
Closeclose
Search
Menu

Working...