Facebook Admits More Teens Used Spyware App Than Previously Disclosed
Study: Privacy Concerns Have Caused Consumers To Change How They Use The Internet

New Bill In California To Strengthen Its Consumer Privacy Law

Lawmakers in California have proposed legislation to strengthen the state's existing privacy law. California Attorney General Xavier Becerra and and Senator Hannah-Beth Jackson jointly announced Senate Bill 561, to improve the California Consumer Privacy Act (CCPA). According to the announcement:

"SB 561 helps improve the workability of the [CCPA] by clarifying the Attorney General’s advisory role in providing general guidance on the law, ensuring a level playing field for businesses that play by the rules, and giving consumers the ability to enforce their new rights under the CCPA in court... SB 561 removes requirements that the Office of the Attorney General provide, at taxpayers’ expense, businesses and private parties with individual legal counsel on CCPA compliance; removes language that allows companies a free pass to cure CCPA violations before enforcement can occur; and adds a private right of action, allowing consumers the opportunity to seek legal remedies for themselves under the act..."

Senator Jackson introduced the proposed legislation into the sate Senate. Enacted in 2018, the CCPA will go into effect on January 1, 2020. The law prohibits businesses from discriminating against consumers for exercising their rights under the CCPA. The law also includes several key requirements businesses must comply with:

  • "Businesses must disclose data collection and sharing practices to consumers;
  • Consumers have a right to request their data be deleted;
  • Consumers have a right to opt out of the sale or sharing of their personal information; and
  • Businesses are prohibited from selling personal information of consumers under the age of 16 without explicit consent."

State Senator Jackson said in a statement:

"Our constitutional right to privacy continues to face unprecedented assault. Our locations, relationships, and interests are being tracked without our knowledge, bought and sold by corporate interests for their own economic gain and conducted in order to manipulate us... With the passage of the California Consumer Privacy Act last year, California took an important first step in protecting our fundamental right to privacy. SB 561 will ensure that the most significant privacy protections in the nation are effectively and robustly enforced."

Predictably, the pro-business lobby opposes the legislation. The Sacramento Bee reported:

"Punishment may be an incentive to increase compliance, but — especially where a law is new and vague — eliminating a right to cure does not promote compliance," the California Chamber of Commerce released in a statement on February 25. "SB 561 will not only hurt and possibly bankrupt small businesses in the state, it will kill jobs and innovation."

Sounds to me like fearmongering by the Chamber. Senator Jackson has it right. From the same Sacramento Bee article:

"If you don’t violate the law, you won’t get sued... To have very little recourse when these violations occur means that these large companies can continue with their inappropriate, improper behavior without any kind of recourse and sanction. In order to make sure they comply with the law, we need to make sure that people are able to exercise their rights."

Precisely. Two concepts seem to apply:

  • If you can't protect it, don't collect it (e.g.,  consumers' personal information), and
  • If the data collected is so value, compensate consumers for it

Regarding the second item, the National Law Review reported:

"Much has been made of California Governor Gavin Newsom’s recent endorsement of “data dividends”: payments to consumers for the use of their personal data. Common Sense Media, which helped pass the CCPA last year, plans to propose legislation in California to create such a dividend. The proposal has already proven popular with the public..."

Laws like the CCPA seem to be the way forward. Kudos to California for moving to better protect consumers. This proposed update puts teeth into existing law. Hopefully, other states will follow soon.

Comments

Feed You can follow this conversation by subscribing to the comment feed for this post.

The comments to this entry are closed.