Sole Proprietorship Exception
Definition
A CCPA exemption for publicly available information lawfully made available from government records or widely distributed media about sole proprietors acting in their capacity as sole proprietors. Under CCPA Section 1798.145(a)(3), information about sole proprietors functioning in their business capacity is exempt from CCPA requirements. This recognizes that sole proprietors' business information is often publicly available and treating it as protected personal information would create compliance challenges. However, the exception is narrow—it only applies when the individual is acting as a sole proprietor, not in their personal capacity. Information must be publicly available through legitimate channels like business registries, professional directories, or widely distributed media. Organizations should carefully distinguish between business and personal contexts—a sole proprietor's business contact information on their company website might be exempt, but the same individual's personal shopping history is not. The exception doesn't apply to sensitive personal information or when individuals are acting in personal capacities.
Applicable Laws & Regulations
- 1CCPA Section 1798.145(a)(3)