California has recently taken a step forward in digital rights protection, instrumenting a new law that extends data deletion provisions against data brokers. SB-362, signed into law by Governor Gavin Newsom on October 10, 2023, is an amendment to existing data broker regulation. Crucially, it gives Californian residents the ability to call for the removal of all personal data accrued by any registered data brokers across the state via a singular request.
These changes will streamline the process by which consumers in California can utilize the data deletion rights previously outlined in the California Consumer Privacy Act (CCPA) – Ca. Civ. Code § 1798.105. The CCPA has been pivotal in providing Californian residents with significant control over the collection and usage of their personal data since its enforcement in 2020.
While the exact implications of SB-362 for data brokers and corporations are not yet fully clear, legal professionals should be prepared for scenarios where clients under their advisory might receive mass data deletion requests. Businesses with a significant customer base in California will need to adapt and equip themselves to comply with this new regulation effectively. Proactively working towards systems that support request processing and data deletion will ensure smooth adherence to these updated requirements.
For further information, you can review the description of the law as provided by Foley & Lardner LLP here.