On the forefront of data privacy legislation, the California Legislature has passed a bill that will introduce new duties for data brokers, continuing a wave of privacy laws within the state. The new bill, Senate Bill 362, branded as the Delete Act, aims to amend the existing laws concerning data brokers by mandating compulsory registration with the California Privacy Protection Agency.
The Delete Act underscores a timeline until 2026, by which data brokers must comply with an all-inclusive consumer deletion mechanism. This mechanism is expected to enable consumers to exert greater control over their personal data, offering them a straightforward solution to request data brokers to delete their information.
Of note, the term “Data Brokers” refers to entities that collect and sell personal data of consumers with whom they don’t have a direct relationship. Currently, numerous industries, from marketing and advertising to risk mitigation firms, rely on these data brokers.
Dissecting the Delete Act further, the legislation makes it obligatory for data brokers to register with the California Privacy Protection Agency, namely a state-level regulatory body. This registration process ensures data brokers’ transparency about the information they trade in, paving the way for easier investigation and enforcement, thereby aligning with the objectives of that agency.
Cross-compliance with the Californian Consumer Privacy Act (CCPA) and the forthcoming Californian Privacy Rights Act (CPRA) is yet another aspect that data brokers should account for, entailed in the Delete Act requirements.
Given California’s position as a trendsetter in data privacy legislation, this new mandate could serve as a blueprint for laws in other jurisdictions. The state has repeatedly proven to be a pioneer in warranting robust consumer data protection, invoking changes not only domestically, but also encouraging similar transformations on a global scale. The Delete Act is another step forward in this direction.
Full details of the Delete Act can be found here.