| name | oregon-ocpa-compliance |
| title | Oregon Consumer Privacy Act (OCPA) |
| description | Oregon Consumer Privacy Act (OCPA) compliance. Unique provisions for de-identified data requirements, employee data partial exemption, nonprofit applicability, 14-day cure period, and consumer rights. Effective July 1, 2024. AG enforcement only. |
| author | mukul975 |
| author_url | https://github.com/mukul975/Privacy-Data-Protection-Skills/tree/main/skills/privacy/oregon-ocpa-compliance |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | data-protection |
| language | en |
Oregon Consumer Privacy Act (OCPA)
Overview
The Oregon Consumer Privacy Act (OCPA), codified as ORS §646A.570 through §646A.604, was signed into law on July 18, 2023 (SB 619), and became effective July 1, 2024. Oregon is notable for several unique provisions: it applies to nonprofit organizations (unlike most state privacy laws), has specific de-identified data compliance requirements, includes a partial exemption for employee data, and provides a 14-day cure period (the shortest of any state law with a cure period).
Applicability (§646A.572)
The OCPA applies to a person that conducts business in Oregon or provides products or services to Oregon residents AND during a calendar year:
- Controls or processes personal data of 100,000 or more Oregon consumers (excluding data processed solely for payment transactions); OR
- Controls or processes personal data of 25,000 or more Oregon consumers AND derives 25% or more of annual gross revenue from selling personal data.
Key unique features:
- Nonprofit applicability: Unlike Virginia, Colorado, Connecticut, and Texas, the OCPA applies to nonprofit organizations
- No revenue threshold alternative: Like Virginia and Colorado, there is no standalone revenue threshold
Exemptions (§646A.572(2)):
- State and local government bodies
- GLBA-covered financial institutions (entity-level)
- HIPAA covered entities and business associates (entity-level)
- Data governed by GLBA, HIPAA, FERPA, FCRA, DPPA, COPPA, Farm Credit Act
- Not exempt: Nonprofit organizations (unique among state privacy laws)
Liberty Commerce Inc. Assessment:
Liberty Commerce Inc. processes personal data of approximately 72,000 Oregon consumers and derives 12% of revenue from data sale activities. It does not meet either threshold. However, Liberty Commerce Inc. implements OCPA compliance as part of its multi-state program for operational consistency.
Consumer Rights (§646A.578)
Six Consumer Rights
- Right to Access (§646A.578(1)(a)): Confirm processing and access personal data
- Right to Correct (§646A.578(1)(b)): Correct inaccuracies
- Right to Delete (§646A.578(1)(c)): Delete personal data
- Right to Portability (§646A.578(1)(d)): Obtain data in portable format
- Right to Opt Out (§646A.578(1)(e)):
- Targeted advertising
- Sale of personal data
- Profiling in furtherance of decisions producing legal or similarly significant effects
