California’s Delete Act Aims to Protect Personal Data

Millions of Social Security numbers have surfaced on the dark web, available for purchase after substantial data breaches. This perilous situation threatens disaster, enabling identity theft and fraudulent transactions. Criminals can exploit this data to open credit cards, file false tax returns, and claim government benefits.

In California, a proactive approach addresses the problem of personal data exposure. Residents in the state seek to have data brokers erase their personal information, a right provided by the pioneering Delete Act, also known as SB 362.

Understanding California’s Delete Act

The Delete Act expands Californians’ privacy rights. It facilitates the removal of personal data from data brokers via a unified web platform called DELETE Request and Opt-out Platform (DROP). Residents can request the deletion of:

• Social Security numbers
• Geolocation data
• Browsing history
• Email addresses
• Phone numbers
• Health information
• Shopping habits

Some data exclusions apply, like first-party data, exempted data, and publicly accessible information.

Data brokers must register with the California Privacy Protection Agency (CPPA). After receiving deletion requests, brokers must comply with them within 45 days. A failure to remove the desired data incurs a $200 daily penalty per affected individual.

A Surge of Deletion Requests

By July, over 332,000 Californians requested data deletions. The CalPrivacy registry includes almost 600 brokers, with over a hundred selling geolocation data. Brokers deal in various sensitive information, such as Social Security numbers and identity data.

The platform allows minors to request data deletion, or their parents can act on their behalf. Some brokers also trade data with government entities.

Why Haven’t More People Opted In?

In the U.S., numerous data brokers capitalize on people’s data, sourcing it from public records, apps, and online tracking. Most individuals lack control over who buys their data. CalPrivacy Executive Director Tom Kemp highlighted the potential risks, emphasizing the need for individuals to reclaim their data privacy.

Fewer than 1% of Californians have engaged with the deletion process. However, Kemp anticipates more activity once brokers start deleting data, promising a decrease in targeted advertising, scams, and fraud.

Residents can verify eligibility and submit removal requests before August 1.

Data Privacy Across the Nation

No broad federal law governs data brokers in the U.S., leading to a patchwork of state laws. States like California, Colorado, and Connecticut have established or are working toward stringent privacy legislation.

For instance, Connecticut plans for a centralized deletion service akin to California’s by 2028. New Jersey recently passed similar legislation requiring brokers to register and comply with removal demands.

Oregon and Texas mandate broker registration but lack a unified deletion protocol.

For further details, you may reach out to Newsweek editors Ben Kelly and Dave Siminoff.