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SAN FRANCISCO (KGO) — More than 300,000 Californians will soon have their personal data deleted as the state’s Delete Act moves toward its first enforcement deadline on Aug. 1.
The law, authored by California Sen. Josh Becker, allows residents to request the deletion of personal information collected by data brokers. Becker said the measure is designed to give consumers more control over how their information is used.
“I wrote it to help us reclaim control of our personal information. It lets us delete our information from these shadowy data brokers that collect our most personal information. I’m talking about information about where we live, our family members, our relationship status. Every place we ever worked. This information has been bought and sold every day by these companies. The Delete Act is a one-stop shop. Sign up once. Delete your information from these folks,” Becker said.
The first round of data deletions is scheduled to begin after the Aug. 1 deadline. According to Becker, nearly 600 data brokers were required to disclose their data registries and the types of information they collect.
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When asked how the state will ensure compliance, Becker pointed to the California Privacy Protection Agency and the California attorney general.
“That is the job of the California Privacy Agency and also the attorney general. We gave power in this bill to the attorney general to go after people who don’t comply with the law,” Becker said.
Advocates who have long scrutinized the data broker industry say the law addresses concerns about how personal information is collected and resold.
“They make their money by collecting information from lots of different sources, sort of analyzing it, repacking it, selling it to other people. And, you know, I understand that that is the way they make their business, but I think I and a lot of people can be kind of uncomfortable with the idea that somebody I don’t know is collecting information and repacking it,” said Hayley Tsukayama of the Electronic Frontier Foundation.
After the initial round of deletions, data brokers will be required to delete any newly collected data every 45 days.
Robin Feldman, a professor at UC Law San Francisco, said California’s approach stands apart from efforts in other states.
“There are other states that have some different approaches for deleting your data, but nothing’s got that knockout power like California, because now data brokers are required to follow. With the Delete Act, even if they don’t register in California, they’re still stuck with it,” Feldman said.
Feldman also said financial penalties could play a significant role in ensuring companies comply with the law.
“They’re not a sort of you pay a fine and then you’re done. It’s like a parking meter that keeps running, and they can multiply exponentially based on the number of data uses and the number of California citizens who are involved,” Feldman said.
State officials have said data brokers that fail to comply with the law could face enforcement action once the deletion requirements take effect.
California does not cap fines for violations of the law, meaning penalties can continue to grow if data brokers fail to delete consumer information every 45 days as required.
Residents can continue signing up to have their data removed through the state’s portal at privacy.ca.gov. Although the first round of deletions begins after the Aug. 1 deadline, the program will continue accepting requests beyond that date.
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