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Salesforce Tower in San Francisco, California April 2022.
Credit – Sharon Hahn Darlin (CC BY 2.0)
The recently introduced, “Delete Act,” also referred to as California Senate Bill 362, is causing a stir within the data privacy industry. The bill offers consumers the ability to remove their personal data from all state-based data brokers through a single, verifiable consumer request, leading to significant debate.
The bill was introduced in April 2023 by California State Senator Josh Becker (D-Menlo Park).
The bill would also mean that data brokers would also be required to maintain a website free of dark patterns that details how consumers may exercise their privacy rights.
Max Anderson, Chief Revenue Officer of 360 Privacy, a vendor for digital footprint reduction, has had an accomplished career in corporate security and risk management, making him a reliable source for input on the protection of an individual’s digital data. Anderson provides an overview of the legislation for Digital Journal.
According to Anderson: “Measures need to be taken to give citizens the ability to take control of their data and who it is shared with. Most people have no idea that their personal information is being bought and sold, creating a highly profitable marketplace where the individual receives no compensation.”
In terms of the key issues, Anderson finds: “Significant concerns arise on “how” individuals will provide verification to data brokers as part of the opt out process. Suspicion is that data brokers are going to require you to send personal information, such as SSN, DOB, even copies of driver’s licenses or passports, in order to verify your identity as part of the opt out process. Sending personal information to a broker who is actively selling your personal information seems counterintuitive.”
In terms of the impact of the proposed legislation, Anderson’s perspective is: “The bill, if passed and codified, won’t go into effect until summer of 2026. Hundreds of new data brokers have emerged over the past two years, and there is no telling how large the data broker industry will be three years from now.”
Expanding on this point, Anderson observes: “ With the advancement of AI and machine learning, by the time the bill could even be enacted into law, the databases are likely to be archived and “closed” but still accessible and full of personal information.”
Anderson concludes, noting: “There are many remaining questions regarding data brokers who are not based in California and how the law will apply to them. Additionally, what about California residents who live in more than one state? There are so many nuances and loopholes that will work in favour of the data brokers and their ability to deny opt-out requests.”
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