---
title: "Oregon privacy law (OCPA): sensitive data"
canonical: "https://dposchool.com/state-privacy-laws/state/oregon/sensitive-data"
source: "https://www.oregonlegislature.gov/bills_laws/ors/ors646A.html"
text_as_of: "2026-10-28"
last_reviewed: "2026-10-29"
language: "en-US"
publisher: "DPO School"
---

Oregon Consumer Privacy Act

# Oregon privacy law (OCPA): sensitive data

Law as of October 28, 2026 · [Reviewed by Sergio Maldonado Elvira on 29 October 2026](https://dposchool.com/state-privacy-laws/about#review)

## Summary (not the statute text)

Sensitive data includes racial or ethnic background, national origin, religious beliefs, health, sexual orientation, transgender or nonbinary status, status as a crime victim, citizenship or immigration status, a child's data, precise geolocation and genetic or biometric data. Processing it requires prior consent, and a known child's data must follow COPPA. Since 1 January 2026 a controller may not sell precise geolocation data or the data of a consumer it knows (or wilfully disregards) is under 16, and may not use such a consumer's data for targeted advertising or significant profiling, even with consent.

## Key points

1. Broad sensitive data list, including transgender or nonbinary status, crime-victim status and national origin.

   Section: [ORS 646A.570(18)(a)](https://www.oregonlegislature.gov/bills_laws/ors/ors646A.html)

2. Precise geolocation means location within a radius of 1,750 feet.

   Section: [ORS 646A.570(18)(a)(C)](https://www.oregonlegislature.gov/bills_laws/ors/ors646A.html)

3. Prior consent needed for sensitive data; a known child's (under 13) data must be processed under COPPA.

   Section: [ORS 646A.578(2)(b); ORS 646A.570(5)](https://www.oregonlegislature.gov/bills_laws/ors/ors646A.html)

4. No targeted advertising or significant profiling of consumers known or wilfully disregarded to be under 16 (from 1 January 2026).

   Section: [ORS 646A.578(2)(c)](https://www.oregonlegislature.gov/bills_laws/ors/ors646A.html)

5. No sale of personal data of consumers known or wilfully disregarded to be under 16 (from 1 January 2026).

   Section: [ORS 646A.578(2)(d)(A)](https://www.oregonlegislature.gov/bills_laws/ors/ors646A.html)

6. No sale of precise geolocation data (from 1 January 2026), with carve-outs for communications content and utility metering data.

   Section: [ORS 646A.578(2)(d)(B)](https://www.oregonlegislature.gov/bills_laws/ors/ors646A.html)

7. Consent cannot be obtained through interfaces that impair choice; inaction is not consent. Revocation must stop processing within 15 days.

   Section: [ORS 646A.570(6); ORS 646A.578(1)(d)](https://www.oregonlegislature.gov/bills_laws/ors/ors646A.html)

## Sources

- [ORS chapter 646A (2025 edition), ORS 646A.570 to 646A.589 with notes](https://www.oregonlegislature.gov/bills_laws/ors/ors646A.html)
- [Oregon Laws 2025, chapter 251 (HB 2008)](https://www.oregonlegislature.gov/bills_laws/lawsstatutes/2025orLaw0251.pdf)

[Compare sensitive data across all states](https://dposchool.com/state-privacy-laws/topic/sensitive-data)

## Related GDPR articles

Related, not equivalent: the GDPR and the state laws differ in scope, terms and exceptions.

- [Article 9: Processing of special categories of personal data](https://dposchool.com/gdpr/article/9) (sensitive data)

## Status

Law as of October 28, 2026.

[Reviewed by Sergio Maldonado Elvira on 29 October 2026](https://dposchool.com/state-privacy-laws/about#review). Prepared from the official sources listed.

[Official text of the Oregon statute](https://www.oregonlegislature.gov/bills_laws/ors/ors646A.html)

Reference material, not legal advice.

## Other topics for Oregon

- [Applicability](https://dposchool.com/state-privacy-laws/state/oregon/applicability)
- [Consumer rights](https://dposchool.com/state-privacy-laws/state/oregon/consumer-rights)
- [Controller duties](https://dposchool.com/state-privacy-laws/state/oregon/controller-duties)
- [Processors](https://dposchool.com/state-privacy-laws/state/oregon/processors)
- [Enforcement](https://dposchool.com/state-privacy-laws/state/oregon/enforcement)

## Navigation

[US State Privacy Laws](https://dposchool.com/state-privacy-laws) / [Oregon](https://dposchool.com/state-privacy-laws/state/oregon) / Sensitive data

Previous: [Consumer rights](https://dposchool.com/state-privacy-laws/state/oregon/consumer-rights)

Next: [Controller duties](https://dposchool.com/state-privacy-laws/state/oregon/controller-duties)

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