California Enacts the Most Stringent Privacy Law in the Country!
On June 28, 2018, then California Gov. Jerry Brown signed the California Consumer Privacy Act of 2018. It received unanimous approval from California’s State Assembly and Senate. The privacy law, titled the California Consumer Privacy Act of 2018 (the “California Consumer Privacy Act” or “Act”), goes into effect January 2020.
The importance of the California Consumer Privacy Act of 2018 is it grants to consumers sweeping control over their personal data. It gives them the right to know what information companies like Twitter, Google, Facebook, and others collect; their reasons for collecting consumer information, and how they use it. The Act provides consumers with the option of preventing tech companies from selling their data, and requires that children under 16 must opt-in before their data can even be collected. It also gives consumers the right to tell companies to delete their personal information.
Some Say, “It Doesn’t Go Far Enough ….”
While a step in the right direction, many consumer privacy advocates believe the California Consumer Privacy Act does not go far enough. Some express concern with the loopholes in the Act that could enable tech companies to share peoples ‘data, even if the consumer requests that the company not do so. Another sticking point is that the Act allows companies to charge higher prices to consumers who opt out of having their data sold. Nicole Ozer, Technology and Civil Liberties Director for the ACLU of California says, “This measure was hastily drafted and needs to be fixed.” She goes even further to say, “Effective privacy protections must be included that actually protect against rampant misuse of personal information, make sure that companies cannot retaliate against Californians who exercise their privacy rights, and ensure that Californians can actually enforce their personal privacy rights.”
Before the Act goes into effect in January, know the law and how it applies to you IF you do business with a California resident.