What is a Consumer Right?

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Time
4 hours 41 minutes
Difficulty
Intermediate
CEU/CPE
5
Video Transcription
00:00
Okay. Hello, everyone. And welcome to Module three of 10 consumer rights.
00:06
This is where we are in our course outline
00:08
again. In module one, we reviewed the history of the C C p. A and how it came to be
00:13
Module two.
00:14
We reviewed the scope of the law which businesses are subject to the C C p A. The definition of personal information and the geographic scope of the law.
00:22
As we enter modules 345 and six, we are now going to enter the more substantive phase
00:29
which privacy obligations are established by the C C p A.
00:33
I will take a moment on my end to try and slow things down and make sure we're all organized on our end.
00:37
You, on your end, might want to take a quick moment toe bring out pen and paper or some notes because this will be getting into the meat and potato section of the course.
00:48
Less than 3.1 is dedicated to the conversation around what is a consumer right?
00:56
The learning goals and objectives for less than 3.1 will be toe. Understand this concept and how it differs from other rights
01:02
you've likely heard of the concept of a right, and I know we discussed it in Module one.
01:07
Module three will be dedicated to the concept of consumer rights, and then our second goal will be to identify the consumer rights or privacy rights that exist under global privacy laws. And we will tee that up for future comparison to the specific privacy rights, the specific consumer rights that are established under the C c p A.
01:25
For reference that will all be discussed in less than 3.2. But before we get to all that, we need to review what a consumer right is.
01:34
This is by no means official. But there are generally three types of rights that advocates in the law tend to agree upon exist,
01:42
and they're put into these buckets.
01:45
Let's start on the left side of your screen.
01:47
Human rights.
01:48
What is a human right?
01:49
It simply stands for the concept that individuals have a right simply because they are a human being and there need not be a specific law that says that that right exists.
02:00
Ah, law might happen to exist, but it doesn't need to. So if you hear the phrase that's a human right. What the person is trying to say is that that person has a right around a specific portion of their existence that exists simply because they are human.
02:15
You don't need a law to confirm it or deny it
02:19
in the middle and in an area that receives a huge amount of political attention,
02:23
our civil rights.
02:24
And it stands for this concept.
02:28
An individual has a right because they are a human being, and a government body has confirmed that that right does in fact exist.
02:35
If you turn on the news, a huge amount of our political conversation is dedicated to getting human rights graduated into a civil right.
02:43
They want the government to confirm that that human right does, in fact exist
02:47
a great example.
02:49
People argued that *** marriage was a human right, but the government had yet to confirm it.
02:53
Once it was confirmed, it became a civil right.
03:00
Now
03:00
on the third section of your screen, on the right are consumer rights, and it stands for this.
03:06
Individuals have rights because they are a human being and a government may or may not have confirmed it,
03:12
that one could be a little tricky,
03:14
But just because an individual is engaged in commerce does not mean that they surrender those rights.
03:20
We need to have a quick conversation around this concept.
03:23
In the United States, privacy is generally viewed as a consumer right.
03:28
It is generally viewed through the lens of business and commerce.
03:30
That is not the case elsewhere.
03:32
If you recall in Module One, I stated to you that in Europe, where the G D. P R is their primary privacy law,
03:39
that privacy is viewed as a fundamental human right.
03:43
And that is why non profits and other organizations are subject to the GDP are, whereas in California, Onley businesses are subject to the law.
03:52
Why?
03:53
Because privacy is viewed as a consumer right?
03:55
Let's make a quick note of that.
03:57
It's a consumer, right?
03:59
Not a human, right?
04:00
As of this recording, of course,
04:04
now
04:05
why does all this matter?
04:08
Let's take a walk down memory lane and think of the good old days, which, frankly, in many cases was no more than 10 to 15 years ago. But back in the day,
04:15
individuals simply obtained a good or service by exchanging money,
04:19
and that was it
04:21
you could buy whatever you wanted, more or less anonymously.
04:25
Today, that equation has completely changed. There are many industries where you can no longer buy a product or by a service without also exchanging your personal information.
04:34
Think of the things you spend money on today.
04:38
Did you call a ride sharing app?
04:40
Did you order food online?
04:42
Did you even go to a coffee shop that Onley uses a digital receiver in order for you to pay via credit card?
04:48
Personal information is now consistently exchanged in just about
04:53
every single commercial transaction.
04:58
What's even more impactful in that relationship
05:00
is that the value in many cases of the personal information that is being exchanged
05:05
can sometimes exceed the value of the money that is being exchanged.
05:10
And there are even industries where it's the personal information. That's the only thing that's being exchanged.
05:15
You need look no further than social media as being a great example of that.
05:19
Keep this in mind. If a consumer is ever approaching your company to exercise their consumer rights, ask yourself.
05:26
Did they give us money and their personal information,
05:30
or just one or the other
05:31
that can sometimes help you figure out how to approach privacy.
05:36
There are nine different general examples of consumer rights that exist globally under all the privacy laws of the world.
05:43
C C P A on Lee has some of these nine. So keep note of all nine that exist
05:48
in less than 3.2,
05:49
we will review all the privacy rights that exist under the C C. P A
05:55
number one
05:56
notice and transparency.
05:58
We actually mentioned this one in module one.
06:00
It stands for the concept that individuals have the right to know how a businesses using their information,
06:06
that's where privacy policies come from
06:09
and their internal business practices should not be a secret
06:13
that's generally viewed as a consumer right
06:15
Number two the right to access information.
06:17
Once I give you my information or once I complete a transaction with your company, I might forget what personal information I gave you or I might not have been paying attention.
06:28
I have the right later in time to access and ask you What information do you have on me?
06:34
That's consumer right? Number two.
06:36
Number three.
06:39
The right to delete information.
06:41
Okay.
06:42
I don't need to necessarily know what information you have on me, but regardless,
06:46
I'm asking you to delete it.
06:49
We'll get into that in one moment.
06:51
Number four.
06:53
It's a little less known, but it's gaining importance with each passing year.
06:58
The right to bring information from one entity
07:00
to another is generally understood. Also to be a consumer, right?
07:04
You might have heard of the phrase data portability.
07:08
That's what Number four is referring to.
07:11
Number five.
07:12
The right to restrict processing.
07:15
Just because I gave you information doesn't mean it's a blank check. You can't hold onto it forever.
07:21
Number six.
07:24
Once I give you information, you should be able to keep it in my country.
07:28
Option seven.
07:29
The right toe Onley Collect my information. If I say yes, that's called Opting in.
07:33
You might have heard of the phrase consent.
07:35
That's what that refers to
07:38
Option eight, which is the opposite.
07:40
I have the right to opt out Normally. Both don't exist at the same time.
07:45
Option nine.
07:46
The ability to correct or rectify my information.
07:49
In summary, we reviewed the definition of a consumer right and how it differs from other rights and how that relates generally to our data privacy.
07:57
We also reviewed why consumer rights have gained in importance
08:01
because personal information is now being exchanged more and more.
08:05
Then we finish the lesson by reviewing the specific consumer rights that exist around the world.
08:09
I'll see you in the next lesson. Lesson 3.2 as we review the specific consumer rights that exist under the C C P A.
08:16
I'll see you there.
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