testo preso qui: http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CIV&division=3.&title=1.81.5.&part=4.&chapter=&article=
_____________________________________________
Da: lorenzo albertini [mailto:lorenzoalbertini.vr@gmail.com]
Inviato: domenica 5 gennaio 2020 11:16
A: 'nexa' <nexa@server-nexa.polito.it>
Oggetto: R: [nexa] CCPA: Facebook non può più sottilizzare sulla questione della vendita di dati
**** grazie per l'interessantissima notizia.
La definizione di SALE ivi contenuta (civil code, division 3, part 4, title 1.81.5, § 1798.140, lettera (t) ; rosso mio):
(t) (1) “Sell,” “selling,” “sale,” or “sold,” means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to another business or a third party for monetary or other valuable consideration.
(2) For purposes of this title, a business does not sell personal information when:
(A) A consumer uses or directs the business to intentionally disclose personal information or uses the business to intentionally interact with a third party, provided the third party does not also sell the personal information, unless that disclosure would be consistent with the provisions of this title. An intentional interaction occurs when the consumer intends to interact with the third party, via one or more deliberate interactions. Hovering over, muting, pausing, or closing a given piece of content does not constitute a consumer’s intent to interact with a third party.
(B) The business uses or shares an identifier for a consumer who has opted out of the sale of the consumer’s personal information for the purposes of alerting third parties that the consumer has opted out of the sale of the consumer’s personal information.
(C) The business uses or shares with a service provider personal information of a consumer that is necessary to perform a business purpose if both of the following conditions are met:
(i) The business has provided notice of that information being used or shared in its terms and conditions consistent with Section 1798.135.
(ii) The service provider does not further collect, sell, or use the personal information of the consumer except as necessary to perform the business purpose.
(D) The business transfers to a third party the personal information of a consumer as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of the business, provided that information is used or shared consistently with Sections 1798.110 and 1798.115. If a third party materially alters how it uses or shares the personal information of a consumer in a manner that is materially inconsistent with the promises made at the time of collection, it shall provide prior notice of the new or changed practice to the consumer. The notice shall be sufficiently prominent and robust to ensure that existing consumers can easily exercise their choices consistently with Section 1798.120. This subparagraph does not authorize a business to make material, retroactive privacy policy changes or make other changes in their privacy policy in a manner that would violate the Unfair and Deceptive Practices Act (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code).
> -----Messaggio originale-----
> Da: nexa [mailto:nexa-bounces@server-nexa.polito.it] Per conto di Antonio
> Casilli
> Inviato: sabato 4 gennaio 2020 16:39
> A: nexa <nexa@server-nexa.polito.it>
> Oggetto: [nexa] CCPA: Facebook non può più sottilizzare sulla questione della
> vendita di dati
>
> Se, come me, non ne potete più dei saccenti corporate che pretendono che
> "Facebook non vende i vostri dati" (di solito basandosi su sottili distinzioni
> lessicali: "condivisions", "monetizzazione", ecc.), apprezzerete il California
> Consumer Privacy Act (CCPA), entrato or ora in vigore. Propone una
> definizione comprensiva della nozione di "vendita".
>
>
> "Many companies have made changes to their privacy policies to follow this
> new law, and there's a directory that lists how you can request your data and
> improve your privacy settings. But a handful of companies aren't complying
> with the new law, whether by failing to provide, essentially, a "do not sell my
> data" link or button on their websites -- which the law requires -- or arguing
> that the rules don't apply to them.
>
> Facebook said in a December blog post that it doesn't plan to make any
> changes to its web tracking, believing that the law's definition of selling data
> doesn't apply to it. The social networking giant argued that it shares data with
> third parties, which it doesn't consider selling.
>
> But under the new law, sharing is still considered a sale, according to Mary
> Stone Ross, co-author of the CCPA.
>
> "The definition of 'sell' is written in a way to include the sharing of personal
> information," said Ross, associate director at the Electronic Privacy
> Information Center, or EPIC. "They are playing fast and loose with the
> definition of 'sell.'"
>
> Facebook didn't immediately respond to a request for comment for this
> story."
>
> https://www.cnet.com/news/californias-new-privacy-law-puts-you-first-
> too-bad-companies-are-ignoring-it/
>
>
>
> --
> Antonio A. Casilli
> Professor, Telecom Paris, Institut Polytechnique de Paris Member,
> Interdisciplinary Institute for Innovation (i3 UMR 9217 CNRS) Associate
> Member, LACI-IIAC (EHESS) Faculty Fellow, Nexa Center for Internet &
> Society
>
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