SACRAMENTO, CA — Governor Gavin Newsom has signed SB 361, the Defending Californians' Data Act, marking a key victory in the fight to protect consumers from the unchecked collection and sale of their most sensitive personal information. Authored by Senator Josh Becker (D-Menlo Park), SB 361 builds on the Delete Act by strengthening consumer protections and increasing transparency around data brokers who traffic in highly sensitive personal data, including citizenship status, biometric information, and government-issued ID numbers.
“No one should have their personal data collected and sold without their knowledge—especially when that data is being used to target vulnerable communities,” said Senator Becker. “In California, we have a right to know who has access to our most personal information and how it is being used, and we have the right to delete it. SB 361 is a crucial step in holding data brokers accountable and ensuring Californians have the tools to protect their privacy.”
Recent investigations have revealed that data brokers routinely sell sensitive personal data to federal agencies like Immigration and Customs Enforcement (ICE) and other law enforcement entities, enabling mass surveillance and enforcement actions against vulnerable populations. SB 361 directly addresses these risks by increasing transparency and requiring greater disclosure about the sale of the following sensitive information:
- Citizenship and immigration status
- Government-issued ID numbers (Social Security, driver’s license, passport numbers)
- Account login credentials (usernames, passwords)
- Sexual orientation and gender identity
- Union membership
- Biometric data (fingerprints, facial recognition, voice prints, retina scans)
SB 361 expands on Senator Becker’s Delete Act (SB 362), passed in 2023, which will allow Californians to permanently delete their personal data from all registered data brokers through a one-stop shop mechanism starting in 2026. SB 361 goes further by ensuring that consumers have visibility into what data is being collected and sold about them in the first place.
This bill has gained strong support from consumer protection advocates, privacy experts, and civil rights organizations who recognize the urgent need to regulate the data brokerage industry. The list of supporters includes Oakland Privacy (Sponsor), California Labor Federation, Consumer Federation of California, Consumer Reports, Electronic, Privacy Information Center, Privacy Rights Clearinghouse, and Puente de la Costa Sur.