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California passes bill to make it easier to delete data from data brokers

latimes.com

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Re: California passes bill to make it easier to delete data from data brokers

#11
post #10
post #6

Earlier quoted context omitted.

From the bill: > The bill would, beginning January 1, 2028, and every 3 years thereafter, require a data broker to undergo an audit by an independent third party to determine compliance with these provisions and would require the data broker to submit an audit report to the agency upon the agency’s written request, as specified. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtm...

I don't think that section answers the question.

Thanks, that spurred me to read about it given the link above.

> "This bill would require the agency to establish, by January 1, 2026, an accessible deletion mechanism that, among other things, allows a consumer, through a single verifiable consumer request, to request that every data broker that maintains any personal information delete any personal information related to that consumer held by the data broker or associated service provider or contractor. The bill would specify requirements for this accessible deletion mechanism, and would, beginning August 1, 2026, require a data broker to access the mechanism at least once every 45 days and, among other things, process all deletion requests, except as specified. Beginning July August 1, 2026, after a consumer has submitted a deletion request and a data broker has deleted the consumer’s data pursuant to the bill’s provisions, the bill would require the data broker to delete all personal information of the consumer at least once every 45 days, as specified, and would prohibit the data broker from selling or sharing new personal information of the consumer, as specified....

> "This bill would provide that a data broker that fails to comply with the requirements pertaining to the accessible deletion mechanism described above is liable for civil penalties, administrative fines, fees, and costs, as specified, and would raise the amount of the existing civil penalty provisions described above...."

I guess it all comes down to the implementation level how specific and "actually deleting" they will be. And whether the new agency (ugh) charged with enforcing this will actually have teeth in the details.

And I don't know why such a long 45 day period is required. For reasons we're all too familiar with, people are quite able to gather data within seconds, but somehow need 45 days to delete it?

Re: California passes bill to make it easier to delete data from data brokers

#12
post #7

Curious about the issues surrounding credit scores and how much this gets into it.

I would also be curious to learn how it impacts Early Warning Services which collects/reports data on bank accounts and transactions.

The Privacy, Security, & OSINT Show did a podcast on it.[0]

0. https://inteltechniques.com/blog/2022/04/15/the-privacy-secu...

Re: California passes bill to make it easier to delete data from data brokers

#13
post #8

Earlier quoted context omitted.

Hopefully we get to sue them out of existence this time

Doesn't look like it will be a private action. We will still need to get the State Attorney General to initiate it which will mean nothing will happen.

[deleted]

Re: California passes bill to make it easier to delete data from data brokers

#14

The legislation appears to be limited to data brokers. While this is nice and welcomed, this also means it doesn't cover entities like Google or Facebook.

I'm astounded that they aren't considered data brokers in the eyes of U.S. law.

Re: California passes bill to make it easier to delete data from data brokers

#15

The legislation appears to be limited to data brokers. While this is nice and welcomed, this also means it doesn't cover entities like Google or Facebook.

I'm astounded that they aren't considered data brokers in the eyes of U.S. law.

The standard answer (at least for Google, not sure about Facebook) is that they're not considered data brokers because they only sell ad placement based on the data, not the data itself.

Re: California passes bill to make it easier to delete data from data brokers

#16
I've been grateful as a Californian for our regulations of online businesses. I regularly invoke our right-to-unsubscribe and the CCPA gives us something similar to the GDPR in various ways.

To what extent do companies extend these rights to all Americans because it's easier than building a California-specific version of a website or online product?

Re: California passes bill to make it easier to delete data from data brokers

#17

I've been grateful as a Californian for our regulations of online businesses. I regularly invoke our right-to-unsubscribe and the CCPA gives us something similar to the GDPR in various ways. To what extent do companies extend these rights to all Americans because it's easier than building a California-specific version of a website or online product?

I would think a lot. Everyone would rather not have wait for legal to answer a new set of questions every time a state changes their laws. Easier to align on the strictest legislation and go from there, IMHO.

Re: California passes bill to make it easier to delete data from data brokers

#18

Earlier quoted context omitted.

I'm astounded that they aren't considered data brokers in the eyes of U.S. law.

The standard answer (at least for Google, not sure about Facebook) is that they're not considered data brokers because they only sell ad placement based on the data, not the data itself.

One could make a case for splitting the data collection activities from the ad sales business as part of an anti trust case. Or pass regulations and laws to that effect.

Re: California passes bill to make it easier to delete data from data brokers

#19

Earlier quoted context omitted.

The standard answer (at least for Google, not sure about Facebook) is that they're not considered data brokers because they only sell ad placement based on the data, not the data itself.

One could make a case for splitting the data collection activities from the ad sales business as part of an anti trust case. Or pass regulations and laws to that effect.

[deleted]

Re: California passes bill to make it easier to delete data from data brokers

#20
post #11
post #10

Earlier quoted context omitted.

I don't think that section answers the question.

Thanks, that spurred me to read about it given the link above. > " This bill would require the agency to establish, by January 1, 2026, an accessible deletion mechanism that, among other things, allows a consumer, through a single verifiable consumer request, to request that every data broker that maintains any personal information delete any personal information related to that consumer held by the data broker or as…

Deleting data from backups (or, more often, aging out backups and deleting them wholesale) is usually a batch process. You really don't want to have to do online modification of backups... they're not really backups at that point. 45 days doesn't seem unreasonable.
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