California Governor Gavin Newsom signed Senate Bill 362 [1] [2] [3] [5], also known as the DELETE Act [2], into law on October 10, 2023. This groundbreaking legislation aims to protect citizens’ online rights by allowing California residents to request the deletion of their personal data from data brokers’ records with a single request.
Description
The DELETE Act requires data brokers to register with the California Privacy Protection Agency (CPPA) and establishes a convenient “delete button” on their websites by January 1, 2026. This deletion mechanism will enable residents to easily request the deletion of their personal data. Previously, individuals had to submit individual requests to each company [1], but now they can make a single request to have their data deleted from all data brokers’ records.
Approximately 113 registered data brokers in the state will be affected by this law. Data brokers will need to regularly check and honor new data privacy requests [4], with government audits ensuring compliance. The DELETE Act also mandates data brokers to disclose the types of data they possess and delete data obtained from third-party sources [4]. Non-compliant brokers will face penalties by 2026 [3] [5].
To address concerns about verifying complete data deletion, consumers can request a certified “proof of erasure” to ensure their data has been permanently eliminated [3]. This legislation is a significant step towards empowering individuals to regain control over their data and sets a precedent for similar privacy initiatives across the country.
Senator Josh Becker has criticized the existing system [4], calling it a “loophole” that allows data brokers to sell consumers’ data without consent [4]. The DELETE Act requires data brokers to register with the CPPA, pay a registration fee [2], and provide information [2]. Starting from August 1, 2026 [2], data brokers must access the deletion mechanism every 45 days and delete the consumer’s data upon request [2]. They are also prohibited from selling or sharing new personal information unless requested by the consumer [2].
The CPPA will now oversee the administration, enforcement [2] [3], and rulemaking authority over California’s data broker registry [2], making California the first state to create an accessible deletion mechanism for consumers to delete their personal information held by data brokers in a single step [2].
Conclusion
The DELETE Act is expected to have a significant impact on privacy rights and the data broker industry. While advertising companies have expressed concerns about potential negative impacts and unintended consequences, supporters believe that the Delete Act will improve privacy rights and make California’s consumer privacy laws more user-friendly [1].
Data brokers who fail to comply with the law may face fines or penalties [1]. The state has until 2026 to fully implement the Delete Act [1], and its success may set a precedent for similar privacy initiatives across the country. This legislation represents a significant step towards empowering individuals to regain control over their personal data and protect their online rights.
References
[1] https://eandt.theiet.org/content/articles/2023/10/california-passes-delete-act-to-protect-residents-data-privacy/
[2] https://www.dataguidance.com/news/california-delete-act-signed-governor
[3] https://www.infosecurity-magazine.com/news/california-enacts-delete-act/
[4] https://www.androidheadlines.com/2023/10/california-allows-users-to-request-data-brokers-to-delete-their-data.html
[5] https://nationworldnews.com/california-enacts-delete-act-for-data-privacy/
