SB 362 (The DELETE ACT) Lets Californians Take Control of Their Personal Information and Require Data Brokers to Delete their Personal Information when Requested
(SACRAMENTO) – Today, Governor Gavin Newsom signed into law Senate Bill No. 362, also known as The DELETE Act, by Senator Josh Becker (D-Menlo Park). SB 362 creates a free, one-stop-shop website to allow Californians who want to control access to their personal information to hit the “DELETE” button when it comes to a data broker’s ability to collect, maintain and sell information on them.
“Governor Newsom’s signature of the DELETE Act enshrines California as a leader in consumer privacy and we are determined to restore consumer control over their own personal data,” said Senator Becker. “Data brokers possess thousands of data points on each and every one of us, and they currently sell reproductive healthcare, geolocation, and purchasing data to the highest bidder. The DELETE Act protects our most sensitive information.”
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. Data brokers have to register with the California Attorney General, but they don’t have to report what kinds of information they collect and sell. Under the California Consumer Privacy Act (CCPA), you have a right to require a data broker to delete information they collected directly from you, but you can’t require a broker to delete information they may have acquired about you from other sources.
SB 362 has a simple premise:
- Data brokers would have to register with the California Privacy Protection Agency (CPPA) and disclose the types of personal information they collect.
- The CPPA would create a free, simple way for Californians to direct all data brokers to delete their personal information free of charge.
- Data brokers that fail to adhere to the law would face civil penalties and administrative fines set by the CPPA.
The bill was supported by the California Attorney General, the California Privacy Protection Agency, privacy rights and consumer rights organizations, and Planned Parenthood. It will become law on January 1, 2024 but certain provisions of the law will go into effect in January 2026 to allow for adequate time for the California Privacy Protection Agency to establish an effective DELETE mechanism with which data brokers will comply.
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Senator Becker represents the 13th Senate District covering portions of Santa Clara and San Mateo counties and includes the cities of Atherton, Belmont, Brisbane, Burlingame, East Palo Alto, Foster City, Half Moon Bay, Hillsborough, Los Altos, Los Altos Hills, Menlo Park, Millbrae, Mountain View, Pacifica, Palo Alto, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and Woodside.