Is an IP Address Considered Personal Information Under the CCPA?

The California Consumer Privacy Act (CCPA) was introduced in early 2018 as a compromise to avoid a poorly drafted, plaintiff-friendly ballot initiative. While it is set to be enforced in early 2020, the CCPA has sparked confusion, particularly regarding its alignment with other privacy regulations such as the European General Data Protection Regulation (GDPR).

To address these uncertainties, BCLP has published a practical guide to the CCPA and is releasing a multi-part series discussing the most frequently asked questions related to the Act.

Is an IP Address Considered "Personal Information" Under the CCPA?

The answer is: sometimes.

Under the CCPA, personal information is defined as "information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household." This definition includes examples such as "Internet Protocol (IP) Address." However, the Act clarifies that only when an IP address can be linked to a specific individual or household does it qualify as personal information.

Static vs. Dynamic IP Addresses

To determine whether an IP address can be linked to a person, we need to understand the two types of IP addresses:

• Static IP Address: A static IP address remains the same over time and is typically assigned to a specific device or user. This makes it easier to identify or associate with a particular person.

• Dynamic IP Address: A dynamic IP address changes periodically, assigned by a network whenever a device reconnects. Since it changes each time, it is harder to associate a dynamic IP address with an individual.

Insights from the European GDPR

The European GDPR's definition of "personal data" is quite similar to the CCPA's "personal information." The Article 29 Working Party, a group of European regulators, has argued that static IP addresses can be used to identify a user, especially if combined with other tracking methods like cookies. Conversely, dynamic IP addresses are harder to trace back to an individual without additional data.

This alignment with the GDPR’s approach clarifies how the CCPA may treat static and dynamic IP addresses. If an IP address, whether static or dynamic, can be linked to personal data through additional identifiers, it will likely fall under the CCPA’s personal information category.

Conclusion

• Static IP addresses are more likely to be considered personal information because they can be associated with specific individuals or households.

• Dynamic IP addresses may or may not be considered personal information under the CCPA, depending on whether they can be linked to other identifying data.

Understanding how the CCPA applies to IP addresses can help businesses and consumers alike navigate the complexities of data privacy and ensure compliance with California's privacy laws.

Source: BCLP Law - Privacy FAQs

The CCPA is still evolving, and businesses need to stay informed about its implications, especially in relation to personal data like IP addresses. Keep reading our series to explore more frequently asked questions and stay ahead of the curve.