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OCPA Consumer Rights: Oregon Data Privacy Act

Independently fact-checked against primary sources (last audited August 15, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 15, 2026. · 3 primary sources cited on this page. How we verify our legal content

OCPA Consumer Rights: Oregon Data Privacy Act

Frequently Asked Questions

What rights do Oregon consumers have under the OCPA?

Under ORS 646A.574, Oregon residents may confirm whether a controller is processing their personal data and learn the categories involved, obtain a copy of all of that data, correct inaccuracies, and delete their data. They may also opt out of targeted advertising, the sale of personal data, and profiling in furtherance of decisions that produce legal or similarly significant effects. Distinctively, they may request a list of the specific third parties to which the controller disclosed their data. The Oregon DOJ summarizes these as LOCKED: List, Opt-out, Copy, Know, Edit, Delete.

What is the specific third-party list right?

Under ORS 646A.574(1)(a)(B), an Oregon consumer may request a list of the specific third parties, other than natural persons, to which the controller disclosed the consumer's personal data, or at the controller's option any personal data. Unlike most states, which require only category-level disclosure such as advertising partners, Oregon lets the consumer learn the named entities that received the data. Oregon led on this right, and it remains uncommon nationally as of 2026.

How long does a controller have to respond to a request?

Under ORS 646A.576, a controller must respond within 45 days of receiving a verified request. It may extend the period by one additional 45 days, for a total of 90 days, when reasonably necessary, as long as it notifies the consumer of the extension and the reason within the original 45-day window. If a controller declines to act, it must tell the consumer the reason and how to appeal within that same 45-day period.

In what format must a controller hand over my data?

Under ORS 646A.574(2), a controller that provides a copy of personal data under ORS 646A.574(1)(a)(C) must provide it in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the personal data to another person without hindrance. The statute says another person, not just another controller, and it does not limit the right to data the controller processed by automated means.

What can Oregon consumers opt out of?

Under ORS 646A.574(1)(d), consumers may opt out of three things: targeted advertising, the sale of personal data, and profiling in furtherance of decisions that produce legal or similarly significant effects, such as decisions about credit, employment, housing, or insurance. Oregon's definition of sale in ORS 646A.570(17) is broad, covering the exchange of personal data for monetary or other valuable consideration, so non-cash data exchanges can trigger the opt-out right.

Does Oregon ban selling location or under-16 data outright, beyond the opt-out rights?

Yes. Effective January 1, 2026, HB 2008 amended ORS 646A.578(2) to add flat prohibitions on top of the opt-out rights. A controller may not sell personal data, use it for targeted advertising, or profile a consumer it knows, or willfully disregards, is under 16 years old, replacing the earlier 13-to-15 consent band. A controller also may not sell a consumer's precise geolocation data at all, regardless of age or consent.

Does Oregon require honoring Global Privacy Control?

Yes, as of January 1, 2026. Under ORS 646A.578, controllers that process personal data for targeted advertising or that sell personal data must let consumers opt out through a universal opt-out mechanism. The Oregon DOJ has identified Global Privacy Control as a qualifying signal. The mechanism must reflect the consumer's own affirmative choice rather than a default setting, and a qualifying signal opts the consumer out across all participating controllers at once.

Can an Oregon consumer appeal a denied request?

Yes. Under ORS 646A.576, a controller must offer a conspicuous appeal process similar to its request process. Within 45 days of receiving an appeal, the controller must tell the consumer in writing what action it took and explain the reasons. If the appeal is denied, the controller must give the consumer a way to submit a complaint to the Oregon Attorney General, because the OCPA has no private right of action.

Is there a fee to exercise OCPA rights?

Generally no. Under ORS 646A.576, a controller must respond to a consumer request free of charge once during any 12-month period. It may charge a reasonable fee for the administrative cost of a second or subsequent request within that same 12-month period, unless the repeat request is to verify that the controller actually corrected or deleted the consumer's data as promised, which stays free. A controller also may not force a consumer to create a new account to exercise a right.

Can an Oregon consumer sue a business under the OCPA?

No. Under ORS 646A.589(7), the Oregon Attorney General has exclusive authority to enforce the OCPA, and the statute does not create a private right of action. A consumer who believes a controller ignored or wrongly denied a rights request cannot sue the business directly. Instead, the consumer can submit a complaint to the Oregon Department of Justice, which can investigate and seek civil penalties of up to $7,500 per violation.

Updates

Corrected the description of Oregon data-portability rights under ORS 646A.574(2), which contains no automated-processing condition and allows transfer to another person rather than only another controller, and cited the right to a copy of personal data to ORS 646A.574(1)(a)(C).

Replaced a fee/decline standard on this page that does not exist in Oregon's law (it was boilerplate borrowed from Colorado/Connecticut/Virginia) with Oregon's actual rule: the first request is free each 12-month period, and a fee may apply only to a second or later request, except one made to verify a correction or deletion. Added coverage of HB 2008 (2025), effective January 1, 2026, which bans the sale of Oregonians' precise geolocation data outright and bars selling, targeted-advertising to, or profiling consumers known to be under 16.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Re-pinned the 45-day/90-day response deadline and appeal-response mechanics from ORS 646A.578 (which does not contain them) to ORS 646A.576, live-verified via oregon.public.law; also fixed the Attorney General's exclusive-enforcement citation from ORS 646A.589(8) to the correct subsection (7).

Updated the Sources box: relabeled the ORS 646A.578 citation to match its actual content (controller duties, privacy notice, universal opt-out) and added a missing ORS 646A.576 citation for the 45-day/90-day response deadline and appeal provisions now cited five times in the article body.

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. ORS 646A.574: Consumer Rights, Including Specific Third-Party List(oregon.public.law)
  2. ORS 646A.578: Controller Duties, Privacy Notice, and Universal Opt-Out Mechanism(oregon.public.law)
  3. ORS 646A.570: Definitions (Sale and Sensitive Data)(oregon.public.law)
  4. ORS 646A.570 to 646A.589: Oregon Consumer Privacy Act (Full Chapter)(oregonlegislature.gov).gov
  5. Oregon DOJ: Consumer Privacy (Oregon Consumer Privacy Act)(doj.state.or.us).gov
  6. Oregon DOJ: OCPA One-Year Enforcement Report (2025)(doj.state.or.us).gov
  7. ORS 646A.589: Attorney General Enforcement and Civil Penalties(oregon.public.law)
  8. ORS 646A.576: Consumer Request Response Deadlines and Appeals(oregon.public.law)
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