Med spas in California, like other businesses that handle personal information, must comply with stringent data privacy regulations to protect consumer data. Under the CCPA and CPRA, California med spas that meet certain thresholds are subject to important privacy obligations, especially considering the sensitive nature of the personal and medical information they collect.
CCPA/CPRA Compliance
The CCPA provides California residents with rights over the personal data that businesses collect, including the right to know what data is collected, the right to request deletion, and the right to opt out of the sale of their personal data. The CPRA, which builds on the CCPA, further extends protections to sensitive personal information, including health data, and creates the California Privacy Protection Agency (CPPA) to oversee enforcement.
For med spas that qualify under these laws (businesses that either have gross annual revenues exceeding $25 million, buy/sell/share personal information of more than 100,000 consumers or households, or derive 50% or more of their annual revenue from selling consumer data), the obligations include:
- Transparency and Disclosure: Med spas must provide clear notices to clients about what personal information is collected, how it is used, and with whom it is shared. This means updating privacy policies to comply with the CPRA’s requirements regarding sensitive health and personal data.
- Right to Access and Delete: Med spas must honor client requests to access the personal data that has been collected and delete it if requested (with some exceptions, like compliance with medical record-keeping requirements).
- Sensitive Data Protection: Under the CPRA, med spas must take extra precautions with sensitive information such as health data. They must offer clients the ability to limit the use or disclosure of this data, giving them more control over how their personal information is handled.
- Opt-Out Mechanisms: If a med spa shares or sells personal information, they must provide consumers with a simple opt-out process, ensuring clients have control over their data’s dissemination.
- Data Security: Med spas are required to implement robust security measures to protect personal and sensitive data from breaches. A failure to do so could lead to enforcement actions, as well as hefty fines under the CCPA/CPRA for failing to safeguard client data.
FTC Rules
While the Federal Trade Commission (FTC) doesn’t have a privacy law as expansive as the CCPA/CPRA, it enforces consumer protection laws that apply to businesses, including med spas. Under the FTC’s rules, companies must not engage in deceptive practices, which includes making false claims about their privacy practices or failing to adequately protect consumer information.
Med spas that collect health information, such as through online booking platforms or medical questionnaires, may be subject to the Health Breach Notification Rule. If there is a breach of unprotected health information, the med spa must notify clients, the FTC, and in some cases, the media. Failure to do so can result in significant penalties.
Moreover, the FTC requires businesses to have reasonable security measures in place. This means med spas must ensure that any data they collect—whether it’s financial information, health details, or personal identifiers—is securely stored and protected against unauthorized access.
Key Takeaways for California Med Spas
For California med spas, non-compliance with CCPA/CPRA and FTC regulations can lead to costly penalties, loss of client trust, and potential legal liabilities. Given that med spas handle highly sensitive information, their privacy obligations are heightened under both state and federal regulations. Ensuring compliance by implementing data protection measures, transparency practices, and response plans for potential breaches is not only a legal requirement but essential for maintaining a trustworthy brand.
By following these guidelines, med spas can protect their clients’ sensitive data and avoid legal pitfalls, ensuring they remain compliant with data protection rules.
Navigating the data privacy landscape under the CCPA, CPRA, and FTC rules can be overwhelming for med spas, but compliance is crucial to protect sensitive client data and avoid hefty fines. From collecting and storing personal information to responding to data access requests, the stakes are high when it comes to privacy obligations.
At HONOS, we can help your med spa ensure full compliance with these regulations through our comprehensive Regulatory Readiness Service. If you’re just getting started, our Privacy Starter Package is the perfect way to lay the foundation for privacy best practices and get your compliance program up and running. Let us be your partner in safeguarding both your clients’ trust and your business.
