1 Matching Annotations
  1. Feb 2023
    1. “Disproportionate effort” within the context of a business responding to a consumer requestmeans the time and/or resources expended by the business to respond to the individualizedrequest significantly outweighs the benefit provided to the consumer by responding to therequest. For example, responding to a consumer request to know may requiredisproportionate effort when the personal information which is the subject of the request isnot in a searchable or readily-accessible format, is maintained only for legal or compliancepurposes, is not sold or used for any commercial purpose, and would not impact theconsumer in any material manner. In contrast, the benefit to the consumer of responding toa request to correct inaccurate information that the business uses and/or sells may be highbecause it could have a material impact on the consumer, such as the denial of services oropportunities. Accordingly, in order for the business to claim “disproportionate effort,” thebusiness would have to demonstrate that the time and/or resources needed to correct theinformation would be significantly higher than that material impact on the consumer. Abusiness that has failed to put in place adequate processes and procedures to comply withconsumer requests in accordance with the CCPA and these regulations cannot claim thatresponding to a consumer’s request requires disproportionate effort

      This will be absolutely abused to get out of fulfilling any DSARs.