California’s Delete Act Empowers Consumers and Challenges Data Brokers

Pieter Gunst03 mins

In a notable expansion of consumer data rights, California Governor Gavin Newsom signed The Delete Act (S.B. 362) into law on October 10, 2023. The Act introduces amendments to California’s data broker registration law (Cal. Civ. Code 1798.99.80 et. seq) which include new registration requirements and a singular mechanism allowing consumers to request that data brokers delete their personal information.

This advancement came as a result of growing concern around privacy in the digital world, where data is a highly valuable commodity. The introduction of The Delete Act marks a significant moment for data rights in California, as it places the control of consumer’s information back in their own hands.

The Act’s provisions present new challenges and obligations for data brokers. Here are some key points that should be noted:

  1. Data brokers need to comply with new registration requirements to ensure that they can legally operate within the state.
  2. Consumers will be able to place requests to data brokers for the deletion of their personal information via a singular mechanism. This simplified process aims to make it easier for consumers to control how their data is used.
  3. Failure to comply with these new implementations could result in substantial penalties. This places a greater emphasis on the necessity for data brokers to accommodate these changes promptly.

All data brokers should review the detailed provisions of this new Act to ensure they have taken proper steps in line with these key changes in the data rights landscape. As with all legal framework changes, adjustments can often seem complex. As such, it’s recommended that brokers seek guidance from legal professionals to help navigate these fresh updates and to avoid potential penalties.

This is a clear message: consumers’ data rights are becoming an increasingly prominent concern that both companies and lawmakers must keep up with. The Delete Act is just one of many ways the state of California is leading the way in these issues. It serves as a strong example for other jurisdictions to follow.