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New rules aim to empower consumers against data brokers

August 27, 2024 | California Privacy Protection Agency, Other State Agencies, Executive, California


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New rules aim to empower consumers against data brokers
In a recent government meeting, discussions centered on the implications of the DELETE Act and its impact on consumer privacy rights, particularly regarding data brokers. A key point raised was the imbalance between individuals' personal data and brokers' financial interests, with advocates arguing that the proposed legislation aims to restore some balance in favor of consumers.

One significant proposal discussed was the suggestion to alter the timeline for initiating administrative actions related to data violations. Currently, the bill stipulates that actions can only be commenced within five years of a violation. However, some participants argued that this timeline should start from when consumers are notified of the violation, rather than the date it occurred. This shift would emphasize corporate accountability and align with a broader movement towards consumer-centric privacy protections, akin to European models.

Additionally, the meeting highlighted the need for clarity in defining \"dark patterns,\" which could influence how data brokers respond to consumer requests and the potential harm consumers face from erroneous data removal. A participant noted that the perceived risks associated with data removal by brokers are often overstated, suggesting that the actual stakes for consumers are relatively low.

Tony Ficcarota, representing the Network Advertising Initiative, contributed to the discussion by advocating for specific changes to the proposed rules. He emphasized the importance of clearly defining reproductive health care data as sensitive personal information under the California Consumer Privacy Act (CCPA). This clarification would ensure that consumer requests to limit the use of such data are adequately addressed. Ficcarota also recommended that data brokers should only disclose their collection of reproductive health care data or precise geolocation if they use that data for commercial purposes, thereby promoting informed decision-making among consumers.

Overall, the meeting underscored the ongoing efforts to enhance consumer privacy protections and the need for regulatory clarity in the evolving landscape of data brokerage.

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