1. Discriminatory processing of personal data and automated decision making

An in-depth comparison between ADPPA (American Data Privacy and Protection Act) and the CALIFORNIA PRIVACY LAWS*
*CCPA (California Consumer Privacy Act) and CPRA (California Privacy Rights Act)

Result of comparison ADPPA California Privacy laws CCPA/CPRA
ADPPA establishes an higher standard of protection against discriminatory processing.
With reference to automated decision making, ADPPA and California privacy laws are quite similar.
  • Prohibits Covered entities from intentional collecting, processing or transferring personal data that lead to discrimination of consumers on the basis of ethnical origin, race, color, religion, sexual orientation or disability
  • Exempts self-testing and DEI programs.
  • No specific provision on automated decision making (the general prohibition of discrimination applies).
  • No specific provision on such issue, neither CCPA or CPRA on discriminatory processing.
  • CPPA entails the possibility to issue specific regulations concerning automated decision making’s rights (e.g. opt-out right or right of access).