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California


AD INDUSTRY TRIES TO QUASH PROPOSED DATA BROKER REGULATIONS

The proposed legislation would allow California residents to make a single
request to delete their data that goes to multiple companies.



Advertising industry handouts warn that allowing people to delete their data en
masse would hurt the government’s ability to prevent fraud and prevent hospitals
from providing services. | Jenny Kane/AP Photo

By Alfred Ng

08/16/2023 06:00 PM EDT

 * 
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The advertising industry has kicked off a campaign to kill a California bill
that would make it easier for residents to request that data brokers delete
their personal information.

A person who works in the California Legislature told POLITICO that multiple
lawmakers received printouts credited to the Association of National Advertisers
this week titled “10 Reasons SB 362 Will Harm California” and “Negative
Real-World Impacts of California SB 362.” The handouts warned that allowing
people to delete their data en masse would hurt the government’s ability to
prevent fraud and prevent hospitals from providing services.



The person, who also received these documents and was granted anonymity because
he was not authorized to discuss the matter on the record, said at least one
legislator received the documents in an email Monday.



The email came from a representative at Interpublic Group, an advertising
company that owns the data broker Acxiom. That message sought to set up a
meeting with lawmakers to discuss the legislation.

That email contained a link to a call to action website titled “No to SB 362”
and a digital version of the ANA documents. That campaign has no attribution
noting who is behind it. But the language in the email and the documents
attributed to ANA, which were all obtained by POLITICO, and the webpage are
nearly identical. The ANA, which includes Amazon, Google and Meta, did not
respond to a request for comment.

The materials highlight concerns about the bill’s unintended consequences and
urge legislators to work with companies to reduce the bill’s “harmful effects.”
The webpage, first registered last week according to online records, also urges
visitors to contact the bill’s author, Sen. Josh Becker, and oppose the
legislation. The campaign also includes a contact list for the 16 members of the
California Assembly Appropriations Committee, which held a hearing on the bill
Wednesday morning in Sacramento.

“It is critical that members of the Assembly Appropriations Committee hear about
the damaging impact of this bill,” the website said.

POLITICO CALIFORNIA

The destination for agenda-setting coverage of politics, policy and power that
shapes the conversation in the world's fifth-largest economy.

Full coverage | California Playbook | California Climate

Democratic Assemblymembers Akilah Weber and Wendy Carrillo, who are both on the
Appropriations Committee, told POLITICO they did not receive any of the No to SB
362 material. Other members of the committee didn’t respond to requests for
comment.

The committee voted to move the bill to “suspense,” meaning that it is still
pending approval to move for an Assembly floor vote.

Acxiom’s CEO Chad Engelgau posted a link to the No to SB 362 website on his
LinkedIn, and said in a follow-up post that neither Acxiom or Interpublic Group
own the website or created it.




Interpublic Group spokesperson Thomas Cunningham said the company is not
involved with the campaign or website. Acxiom spokesperson Erin Tomaski said
Engelgau posted the website link because it aligned with his perspective on
privacy regulations.

“Chad shared the website on his personal LinkedIn profile as part of his
long-held advocacy for a national data privacy law. As stated in his LinkedIn
post, Chad believes SB 362 is flawed legislation and that more state-level laws
are not the answer as they impact all businesses, large and small, nationwide,”
Tomaski said in a statement.

A new front in the fight for data privacy: CA SB362 (23R), also known as the
Delete Act, would allow California residents to make a single request to delete
their data that goes to multiple companies. Under California’s current data
privacy laws, residents must contact companies like data brokers individually to
make such requests.

The California bill would be the first in the nation to provide this capability
if it becomes law. While some privacy laws have similar elements, like a
universal opt-out allowing people to block trackers with a single click, there
are no regulations requiring universal data deletion.

A federal version of the bill was introduced in 2022, but the proposed
legislation never made it out of its Senate committee.



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