Data Deletion Demand Process

Summary

Under the California Consumer Privacy Act (CCPA), you can request the deletion of your personal data from businesses. If a website fails to comply, you can escalate the issue to the California Attorney General, who can enforce the CCPA and take action against non-compliant companies. You may also have grounds to sue for statutory damages. Sending a demand letter to the website is a good first step, and if they dont respond, you can file a complaint with the Attorney General. Consider consulting an attorney to explore your legal options further.

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i did they told me my email wasnt linked to the account so there's no data to delete. the site allows coaches to make accounts for athletes that are *-* if they've gotten consent and after turning * can claim their account. I asked if I were to claim the account my account then can i delete all the data. They never replied back. I went to my old high school the one that disclosed the pii. It may have taken a bit for them to get on the same page but this entire time they have been responsive and are doing their best to comply to my request. This site on the other hand is rude and unprofessional for ignoring me. I would have thought if they deny my request that I could potentially sue them for a tort under negligence. since the co willingly ignored my request knowing I said it doxxes me. Also just want to know if sending a demand letter will effect anything when the school sends the request to the list of websites which is inclusive of the one in question
Given your situation, you might consider sending a demand letter to the website in question. It's possible that this could prompt them to take action. Here's some general information that could help:
- Under the California Consumer Privacy Act (CCPA), businesses must delete personal data upon request.
- Businesses have 45 days to respond to a deletion request.
- If the business fails to respond, you may escalate the issue to the California Attorney General.
Sending a demand letter to the website should not affect the school's efforts to help you.
Have you considered consulting an attorney to explore your potential legal options?
Their TOC and privacy policy state: Coaches and Account Admin may add underage users to roster with express written consent from a parent. ATHLETIC is not liable for obtaining such consent. We don't provide an ed product or service to educational institutions. Through the provision of these products and services, we collect personally identifiable information from or about students, which may include educational records governed by FERPA We consider such Student Data strictly confidential and in general do not use data for purpose other than improving and providing our products and services to institution. Our use of Student Data is governed by the provisions of FERPA, COPPA, and applicable laws that relate to the collection and use of personal information of students, but not by the provisions contained in this Privacy Statement. If you have questions about reviewing, modifying, or deleting personal info of a student, please contact your institution administrator or coach
It seems like you have a solid basis for your concerns. Here's some additional information:
- Under the California Consumer Privacy Act (CCPA), businesses must delete personal data upon request.
- If the business fails to comply, you can escalate the issue to the California Attorney General.
- FERPA and COPPA may also provide protections for your data.
You may want to consult an attorney to explore your potential legal options more thoroughly. Have you thought about taking legal advice to assist with your next steps?
what do you mean a solid basis?
You have a solid basis because:
- CCPA mandates businesses to delete personal data upon request.
- FERPA and COPPA provide protections for student data.
- The company's non-compliance could be a significant issue.
Have you considered filing a formal complaint with the California Attorney General?
what do you mean a solid basis? Like a possible case? And if that's what your getting at then sending a demand letter shouldn't affect my case or if I choose to speak with either ca attorney general or a lawyer, correct?
You seem to have a potential case under the California Consumer Privacy Act (CCPA), as well as possible claims under FERPA and COPPA. Sending a demand letter shouldn't negatively affect your case or your ability to speak with the California Attorney General or a lawyer.
Have you considered consulting an attorney to explore your legal options in more detail?
what does this mean:Once a year, you may be entitled to obtain info about personal info that we shared, if any, with other businesses for their own direct marketing uses. If applicable, info inclu the categories of customer info,names and addresses of those businesses with which we shared customer info for prior calendar year. Users of California and are under 18 years of age may request and obtain removal of User Content they posted by emailing us. All requests must be labeled "California Removal Request" on email subject line. All requests must provide a description of the User Content you want removed and info reasonably sufficient to permit us to locate that User Content. We respond within *-14 days after the request is placed. We do not accept California Removal Requests via postal mail, telephone, or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you dotn provide adequate info.
This means that, once a year, you can request information about your personal info that the company shared with other businesses for their marketing purposes. If you're under *, you can ask them to remove content you posted by emailing them. Your email must be properly labeled as a "California Removal Request," and include details to help them locate the content. They generally respond within *-14 days. Improperly labeled or incomplete requests might not get a response.
Have you attempted to send such a request labeled correctly?
what does this mean:Once a year, you may be entitled to obtain info about personal info that we shared, if any, with other businesses for their own direct marketing uses. If applicable, info inclu the categories of customer info,names and addresses of those businesses with which we shared customer info for prior calendar year. Users of California and are under 18 years of age may request and obtain removal of User Content they posted by emailing us. All requests must be labeled "California Removal Request" on email subject line. All requests must provide a description of the User Content you want removed and info reasonably sufficient to permit us to locate that User Content. We respond within *-14 days after the request is placed. We do not accept California Removal Requests via postal mail, telephone, or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you dotn provide adequate info.
This means that:
- You can request once a year to see what personal information the company shared with other businesses for marketing purposes.
- If you're under *, you can ask to remove content you posted.
- Requests must be labeled "California Removal Request" and include enough info for them to locate the content.
- They will respond within *-14 days but do not accept requests via mail, phone, or fax.
Have you tried submitting the "California Removal Request" with all the required details?
yes but like i said they said they couldn't find any data under the email i emailed them with. This obvi wouldn't make sense since i was a minor though which is why i said if i claimed my athlete account would i then gain access to the info and be able to delete it which they ghosted me for asking
It sounds like you've taken several steps to resolve this issue. Here are some key points:
- Under the CCPA, you have the right to request data deletion.
- You've already requested deletion and received no response.
- If your data was added as a minor, you might need to claim your account first.
Have you considered sending a formal complaint to the California Attorney General about the website's non-compliance?
no what would california attorney general do?
The California Attorney General can enforce the California Consumer Privacy Act (CCPA) and take action against businesses that fail to comply with data deletion requests. They can investigate your complaint, potentially leading to fines or legal action against the non-compliant company.
Have you considered filing a formal complaint with the California Attorney General?
no what would the california attorney general do and because they didn't do it can i sue them or get money from them?
The California Attorney General can investigate and enforce CCPA violations. They can issue fines and require the business to comply. You may also have grounds to sue for statutory damages under the CCPA.
Have you thought about consulting an attorney to explore this further?
but the ground to sue would one generally come from me filing a complaint to the California general? or can i sue without going through the CAP first?
You can sue without going through the California Attorney General (AG) first. However, filing a complaint with the AG can strengthen your case. Here are your options:
- Directly sue the company for violating the CCPA.
- File a complaint with the California Attorney General.
Would you like to know more about how to file a complaint with the AG?
yes id like to know more about filing a complaint with the AG
To file a complaint with the California Attorney General:
- Visit the California Attorney General's website: oag.ca.gov.
- Navigate to the "File a Complaint" section.
- Follow the instructions to complete and submit the online complaint form.
Have you prepared all the necessary documentation for your complaint?
how do i file a complaint with the attorney general, and yes can you give me more info
Case Rating: *
To file a complaint with the California Attorney General, follow these steps:
*. Visit the California Attorney General's website.
*. Navigate to the "File a Complaint" section.
*. Fill out the online complaint form with all relevant details.
*. Submit the form.
Would you like further details on what to include in your complaint?
so which should i do first then send the demand letter or go straight to filing a complaint
Given your situation, you should consider sending the demand letter first. It demonstrates that you've attempted to resolve the issue directly with the company. If they don't respond or comply, then you can file a complaint with the California Attorney General.
Would you like some tips on drafting an effective demand letter?
yes
Sure! Here are some tips for drafting an effective demand letter:
- Be Clear and Concise: State your request for data deletion clearly.
- Mention Relevant Laws: Refer to the CCPA and any other relevant laws.
- Include Evidence: Provide any evidence or documentation you have.
- Set a Deadline: Specify a reasonable deadline for their response, typically *-14 days.
- Send via Trackable Method: Ensure you have proof of delivery.
Would you like a sample template for your demand letter?
I am writing to formally demand the immediate removal of my personal information from Athletic.net, as well as affiliated sites. I previously notified you of the presence of my personally identifiable information (PII) on your platform. Despite my initial request, no action has been taken to protect my privacy, which constitutes a failure on your part to uphold your responsibility under applicable privacy laws, including the CCPA and the CPRA. While I understand that removing my information may affect the existing scores and rankings, the burden of finding a solution to this issue rests solely with you. I will not accept any placeholder or entry that could potentially connect me to my past data. Any information that remains must not imply any affiliation with me whatsoever. If this situation is not resolved by December 7th, *, I may be compelled to pursue legal action to protect my rights and seek appropriate remedies. I expect confirmation of the removal.
Your demand letter is clear and concise. Here are a few tips to make it more effective:
- Include specific references to the CCPA and CPRA.
- Mention the previous attempts you made to resolve this issue.
- State the exact harm you're experiencing due to their non-compliance.
Would you like a sample template for the demand letter with these additions?