Non-Discrimination Right

The right under CCPA and other privacy laws not to receive discriminatory treatment for exercising privacy rights. Organizations cannot deny goods or services, charge different prices, provide different quality of service, or suggest such treatment will occur simply because someone exercises privacy rights like opting out of sale, requesting deletion, or accessing data. This right prevents businesses from punishing consumers for protecting their privacy. However, non-discrimination has nuances—businesses can offer financial incentives reasonably related to data value, charge different prices if differences are reasonably related to value provided by consumer data, and have bona fide loyalty programs. The key is that differential treatment must be reasonably related to the value of consumer data, not punishment for exercising rights. Organizations should design incentive programs carefully, document value calculations, ensure non-discriminatory practices, train staff on non-discrimination requirements, and avoid any retaliation against consumers exercising rights.