Questions & Answers

What are the Rights for Oregon Residents in the Oregon Consumer Privacy Act (“OCPA”)?

The OCPA defines a consumer as a natural person who resides in this state and acts in any capacity other than in a commercial or employment context. The OCPA provides for the following rights to consumers regarding the personal data processed by a controller: 1. Right to Confirmation (Know) . A...

What is Biometric Data according to the Oregon Consumer Privacy Act (“OCPA”)?

Biometric data means personal data generated by automatic measurements of a consumer’s biological characteristics, such as the consumer’s fingerprint, voiceprint, retinal pattern, iris pattern, gait or other unique biological characteristics that allow or confirm the unique identification of the...

What is considered a Sale of Personal Data according to 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...

What is Deidentified Data according to the Oregon Consumer Privacy Act (“OCPA”)?

Deidentified data means data that: (a) Cannot reasonably be used to infer information about, or otherwise be linked to, an identified or identifiable consumer, or to a device that identifies, is linked to or is reasonably linkable to a consumer; or (b) Is: (A) Derived from patient information that...

What is Personal Data according to the Oregon Consumer Privacy Act (“OCPA”)?

Personal data means data, derived data or any unique identifier that is linked to or is reasonably linkable to a consumer or to a device that identifies, is linked to or is reasonably linkable to one or more consumers in a household. Personal data does not include deidentified data or data that: (A...

What is Sensitive Data according to the Oregon Consumer Privacy Act (“OCPA”)?

Sensitive data means personal data that: (A) Reveals a consumer’s racial or ethnic background, national origin, religious beliefs, mental or physical condition or diagnosis, sexual orientation, status as transgender or nonbinary, status as a victim of crime or citizenship or immigration status; (B...

What is Targeted Advertising according to the Oregon Consumer Privacy Act (“OCPA”)?

Targeted advertising means advertising that is selected for display to a consumer on the basis of personal data obtained from the consumer’s activities over time and across one or more unaffiliated websites or online applications and is used to predict the consumer’s preferences or interests...

Who Must Comply with the Oregon Consumer Privacy Act (“OCPA”)?

The OCPA applies to any person that conducts business in this state, or that provides products or services to residents of this state, and that during a calendar year, controls, or processes: 1. The personal data of 100,000 or more consumers, other than personal data controlled or processed solely...

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