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California Delete Act (SB-362): Data Broker Registration and Accessible Deletion Mechanism
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Relevant to AI safety governance discussions around data rights and consumer autonomy; data brokers increasingly supply training data and profiling inputs to AI systems, making deletion rights a mechanism for limiting certain AI data pipelines.
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Importance: 30/100legislationprimary source
Summary
California's SB-362 (Delete Act), signed into law October 2023, strengthens data broker regulations by requiring registration with the California Privacy Protection Agency and establishing a single accessible mechanism for consumers to request deletion of their personal information from all registered data brokers simultaneously. The law builds on CCPA/CPRA frameworks to give individuals greater practical control over personal data held by commercial data brokers.
Key Points
- •Shifts data broker registration oversight from the Attorney General to the California Privacy Protection Agency (CPPA), centralizing enforcement.
- •Creates a single, accessible deletion mechanism allowing consumers to submit one request to remove data from all registered data brokers at once.
- •Incorporates CCPA definitions into data broker provisions, harmonizing California's privacy regulatory framework.
- •Data brokers face civil penalties for non-compliance, with fees deposited into consumer privacy enforcement funds.
- •Represents a significant expansion of consumer data rights, reducing friction in exercising deletion rights against commercial data aggregators.
Cited by 1 page
| Page | Type | Quality |
|---|---|---|
| Erosion of Human Agency | Risk | 91.0 |
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Bill Text - SB-362 Data broker registration: accessible deletion mechanism.
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| Add To My Favorites | Version: 10/10/23 - Chaptered
09/18/23 - Enrolled
09/07/23 - Amended Assembly
09/01/23 - Amended Assembly
06/29/23 - Amended Assembly
05/18/23 - Amended Senate
04/27/23 - Amended Senate
04/10/23 - Amended Senate
02/08/23 - Introduced
SB-362 Data broker registration: accessible deletion mechanism. (2023-2024)
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Date Published: 10/12/2023 02:00 PM
SB362:v91#DOCUMENT Bill Start
Senate Bill
No. 362
CHAPTER 709 An act to amend Sections 1798.99.80, 1798.99.81, 1798.99.82, and 1798.99.84 of, and to add Sections 1798.99.85, 1798.99.86, 1798.99.87, and 1798.99.89 to, the Civil Code, relating to data brokers.
[
Approved by
Governor
October 10, 2023.
Filed with
Secretary of State
October 10, 2023.
]
LEGISLATIVE COUNSEL'S DIGEST
SB 362, Becker.
Data broker registration: accessible deletion mechanism. The California Consumer Privacy Act of 2018 (CCPA) grants a consumer various rights with respect to personal information that is collected or sold by a business, including the right to request that a business disclose specified information that has been collected about the consumer, to request that a business delete personal information about the consumer that the business has collected from the consumer, and to direct a business not to sell or share the consumer’s personal information, as specified. The CCPA defines various terms for these purposes. The California Privacy Rights Act of 2020 (CPRA), approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA and establishes the California Privacy Protection Agency (agency) and vests the agency with full administrative power, authority, and jurisdiction to enforce
the CCPA. Existing law requires a data broker to register with the Attorney General, pay a registration fee, and provide specified information on or before January 31 following each year in which a business meets the definition of data broker. Existing law defines various terms for these purposes. Exist
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