Newsom Makes California ‘Delete Act’ Data Protections Law
October 12, 2023
Governor Gavin Newsom signed SB 362, also known as the Delete Act, into law on Tuesday, giving California consumers the ability to demand all data brokers delete their personal information with a single request. The Delete Act expands privacy controls for state residents, giving the California Privacy Protection Agency more power to regulate data brokers, who will face strict penalties for failing to comply. The new law, authored by state Senator Josh Becker, makes California the first U.S. state to create a convenient deletion mechanism for consumers who don’t want their personal information held or sold by data brokers.
The Delete Act goes into effect January 1, 2024, transferring administration, enforcement and rulemaking authority over California’s data broker registry from the California Department of Justice to the CPPA.
“While 12 states have data privacy laws, all of which have the right for residents to request that their data be deleted, the Delete Act makes California’s provision the strongest in the nation by expanding what data is covered under deletion requests,” Politico Pro reports.
“We applaud Governor Newsom for signing SB 362, the CA Delete Act, which the CPPA Board unanimously voted to support in July. SB 362 is consistent with CPPA’s mission to further Californians’ privacy by making it easier for consumers to exercise their rights,” CPPA Executive Director Ashkan Soltani said in an announcement.
In July, the CPPA board voted unanimously to support the bill.
The Guardian calls the Delete Act “a victory for privacy advocates and consumers,” pointing out that the new law “reinforces that all data brokers must register with the California Privacy Protection Agency, and it requires the CPPA to establish an easy and free way for Californians to request that all data brokers in the state delete their data through a single page, regardless of how they acquired that information.”
Brokers that don’t comply with the new rules will be fined or otherwise penalized.
“Governor Newsom’s signature of the Delete Act enshrines California as a leader in consumer privacy, and we are determined to restore consumers’ control over their own personal data,” Becker said in The Guardian, adding that “data brokers possess thousands of data points on each and every one of us, and they currently sell reproductive healthcare, geolocation and purchasing data to the highest bidder.”
The new law, he said, protects that sensitive information.
“California is officially the first state to pass a law streamlining personal data removal,” writes Engadget, noting “advocates for the bill painted it as a necessary protection,” while opponents said it will hurt small businesses and non-profits. The state currently has almost 500 registered data brokers.
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