California Passes DELETE Act to Help Residents Remove Their Data from Data Brokers

California's legislature has sent SB 362, dubbed the DELETE Act, for Governor Gavin Newsom's approval. The bill's fate remains uncertain as the Governor's office is tight-lipped, sticking to the policy of not commenting on pending legislation.

"We don't typically comment on pending legislation,” the Governor’s office said, according to The Register. “Each bill will be evaluated on its merits."

What is the DELETE Act?

Introduced by California State Senator Josh Becker, the DELETE Act aims to make it easier for residents to remove their personal data from databases of state-registered data brokers.

"Data brokers collect, analyze, and sell personal information about consumers, aggregating data from public records, social media platforms, online transactions, and much more to create detailed profiles on millions of people," said Becker.

The legislation obliges the California Privacy Protection Agency (CPPA) to establish a website by 2026 that will allow Californians to access a list of all registered data brokers and request deletion of their harvested data. Once a deletion is requested, the DELETE act requires data brokers to remove the data and refrain from collecting new data for 45 days.

A Shift in Oversight

If the DELETE Act becomes law, oversight for data broker registration will move from the California Attorney General's office to the CPPA. This transition aims to centralize responsibilities and ensure effective monitoring and enforcement of the rules governing data brokers.

Data brokers must also undergo audits every three years to verify compliance with the bill. Violators will be subject to civil penalties, although the bill did not disclose specific amounts.

Easing the Burden on Residents

Currently, more than 500 data brokers are registered in California, making it burdensome for residents to request data deletion individually from each broker. "Data brokers currently have the ability to use data on reproductive healthcare, geolocation and purchasing data to sell it to the highest bidder, and the DELETE Act would protect our most sensitive information," explained Becker.

Implications

If signed into law, the DELETE Act could be a pioneering model for other states. While there is no guarantee that Governor Newsom will sign the bill, its passage in the Senate suggests a growing awareness of and concern for data privacy issues among policymakers.