What is Considered a Sale of Personal Data in the Oregon Consumer Privacy Act (“OCPA”)?

What is Considered a Sale of Personal Data in the Oregon Consumer Privacy Act (“OCPA”)?

Sale or sell means the exchange of personal data for monetary or other valuable consideration by the controller with a third party.

 

Sale or sell does not include:

(A) A disclosure of personal data to a processor;

(B) A disclosure of personal data to an affiliate of a controller or to a third party for the purpose of enabling the controller to provide a product or service to a consumer that requested the product or service;

(C) A disclosure or transfer of personal data from a controller to a third party as part of a proposed or completed merger, acquisition, bankruptcy or other transaction in which the third party assumes control of all or part of the controller’s assets, including the personal data; or

(D) A disclosure of personal data that occurs because a consumer:

(i) Directs a controller to disclose the personal data;

(ii) Intentionally discloses the personal data in the course of directing a controller to interact with a third party; or

(iii) Intentionally discloses the personal data to the public by means of mass media, if the disclosure is not restricted to a specific audience.

 

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