Under the California Consumer Privacy Act (CCPA), businesses are required to respond to consumer requests for access, deletion, or information about how their data is processed. However, the responsibilities differ depending on whether the entity is acting as a business or a service provider under the CCPA.
Key CCPA Definitions:
* Business:
* The entity that determines the purposes and means of processing personal information.
* In this scenario, Miraculous Healthcare is the business because it determines how the app and its associated data are used to deliver healthcare services.
* Service Provider:
* The entity that processes personal information on behalf of the business pursuant to a contractual agreement.
* MedApps acts as a service provider because it is hosting and managing the app and the data on behalf of Miraculous Healthcare.
As a service provider, MedApps is restricted in how it can handle consumer data and must follow the instructions of the business (Miraculous Healthcare) for any data-related requests. Therefore, if MedApps receives an access or deletion request from a California-based user, it must forward the request to Miraculous Healthcare, which is responsible for determining how to respond in compliance with the CCPA.
Explanation of Options:
* A. MedApps should immediately begin deleting the user's data:This is incorrect because MedApps cannot act independently in responding to access or deletion requests under CCPA. As a service provider, it must follow the instructions of the business (Miraculous Healthcare).
* B. MedApps should provide the privacy notice in an easily readable format:This is irrelevant to the question. While providing a privacy notice in a readable format is a CCPA requirement, it does not address how to handle an access request.
* C. MedApps should decline the request because MedApps is not based in California:This is incorrect. CCPA applies to businesses and service providers that collect or process personal data of California residents, regardless of whether the entity itself is physically located in California.
* D. MedApps should promptly forward the request to Miraculous for instructions on handling:
This is correct. Under CCPA, service providers are required to cooperate with the business and must forward consumer requests to the business for guidance and action. MedApps' role as a service provider obligates it to defer to Miraculous Healthcare's instructions.
Relevant References from CIPP/US Materials:
* CCPA Section 1798.140(v): Defines a service provider and outlines its obligations to process personal information only on behalf of the business and in accordance with contractual terms.
* CCPA Section 1798.105(c): States that service providers are not required to delete personal information unless instructed to do so by the business.
* IAPP CIPP/US Certification Textbook: Discusses the roles of businesses and service providers under the CCPA and their respective responsibilities regarding consumer requests.
Practical Considerations:
Riya, as the Privacy Officer at Miraculous Healthcare, should ensure that the Business Associate Agreement (BAA) and any CCPA-specific contract provisions with MedApps clearly define:
* The process for handling consumer requests under CCPA.
* The requirement for MedApps to promptly notify and defer to Miraculous Healthcare for any such requests.
Conclusion:
MedApps, as a service provider, is not authorized to respond to CCPA access or deletion requests independently. It must forward the request to Miraculous Healthcare for instructions.