SACRAMENTO, CA — The California Legislature has advanced 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. Introduced 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.”
“Senate Bill 361 will give Californians more information about the sensitive details about them that third party data brokers collect and sell without their knowledge,” said Tracy Rosenberg, Advocacy Director, Oakland Privacy, a sponsor of the bill. “The companies know what they collect and sell, but Californians don't. No company should profit from selling your citizenship status, union membership or sexual orientation. With the new tools provided by SB 361, you can make sure they don't. This bill builds on Senator Becker's previous work to create a bulk opt out of data broker sales mechanism, now called the DROP system, which is coming online soon. We thank Senator Becker for his continuing efforts to help state residents gain more control over who collects, sells and profits from their sensitive personal information.”
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:
- 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. However, SB 361 goes further by ensuring that consumers have visibility into what data is being collected and sold about them in the first place.
With today’s vote, SB 361 moves forward to the Governor’s Office. As data privacy concerns grow, the 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.