California's test

CCPA deidentified data definition: Civil Code 1798.140, quoted

Updated

Where HIPAA's safe harbor lists identifiers to remove, California's definition asks a different question: whether the information can still be tied to a particular consumer.

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The definition

California Civil Code 1798.140 says "deidentified" means information that cannot reasonably be used to infer information about, or otherwise be linked to, a particular consumer.

Source: California Civil Code section 1798.140, CCPA definitions

The three conditions on the business

  • Take reasonable measures to ensure that the information cannot be associated with a consumer or household.
  • Publicly commit to maintain and use the information in deidentified form and not to attempt to reidentify it.
  • Contractually obligate any recipients of the information to comply with all provisions of the subdivision.

Source: California Civil Code section 1798.140, CCPA definitions

The second condition carries one exception: the business may attempt to reidentify the information solely to determine whether its deidentification processes satisfy the requirements of the subdivision. The third is the one a licence carries: a buyer who receives the data is a recipient, and the business must contractually obligate it to comply with all provisions of the subdivision.

Where the CCPA sits on the board

Of the 6 standards on the table, this is the one written for California consumers and households. A dataset that also holds health records or EU personal data may fall under the HIPAA or GDPR text as well, and the tool on the home page shows each in its own words.

De-identifying data to license it?

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Find the standard before you redact

Two choices: the data and your method. The answer quotes the standard that governs it.

Sources

This site's own dataset, every figure quoted from its source and dated:

  1. 45 CFR 164.514 - HIPAA de-identification standard (safe harbor, 18 identifiers)
  2. HHS, guidance on methods for de-identification of PHI
  3. California Civil Code 1798.140 (CCPA definitions incl. deidentified)
  4. 34 CFR 99.31 - FERPA disclosure of de-identified education records
  5. NIST SP 800-188, De-Identifying Government Datasets
  6. NIST IR 8053, De-Identification of Personal Information
  7. Regulation (EU) 2016/679 (GDPR), incl. Art. 4(5) pseudonymisation and Recital 26
  8. EDPB Guidelines 01/2025 on pseudonymisation
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