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CALIFORNIA’S DELETE ACT SHINES A LIGHT ON DATA BROKERS

Verrion Wright Content Strategy & Development
Email
13.10.2023 3 minute read
Data Privacy
Contents

Contents

 * What is the Delete Act?
 * CPPA vs Data Brokers
 * Consumer Benefits of the Delete Act
 * Enforcement & Fines
 * How BigID Helps Organizations Fulfill Data Deletion Requests

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BIGID DATA DELETION APP

Download Solution Brief

In the US, the Golden State has been the head of the class in developing modern
data privacy legislation, such as the California Consumer Privacy Act (CCPA) and
the California Privacy Rights Act (CPRA). A new legislation—the Delete Act—
gives California residents more autonomy over their data and protection against
data brokers, significantly impacting the ad industry.


WHAT IS THE DELETE ACT?

The California State legislation passed Senate Bill 362, the Delete Act, which
streamlines data deletion requests of consumer personal information collected by
data brokers.

The original proposal passed the California Senate on May 31, 2023, with some
approved amendments from the assembly on Sep 13, 2023. The bill officially
cleared legislation on September 14, 2023. The bill now awaits Gov. Gavin
Newsom’s signature, who has until October 14 to sign the bill into law.

See BigID in Action


CPPA VS DATA BROKERS

Bill SB 362 also requires data brokers to register with the recently formed
“California Privacy Protection Agency (CPPA)” in charge of enforcement to
disclose the types of personal information they collect.

The act calls for the CPPA to develop a website where Californians can control
access to their personal information, make deletion requests, and opt out of all
future tracking. The CPPA would have to create the website by the January 2026
deadline before becoming active later in the year. It’s unprecedented for a
regulatory authority to provide a mechanism for consumers to fulfill their data
rights. This is a monumental shift in recognizing data privacy as a fundamental
right.


CONSUMER BENEFITS OF THE DELETE ACT

 * The Right to Delete: The cornerstone of the Delete Act is the right to delete
   personal data. Much like the “right to be forgotten” enshrined in the
   European Union’s GDPR, this provision allows individuals to request the
   deletion of their data from an organization’s systems.
 * Data Portability: The Delete Act also introduces a provision for data
   portability. This empowers individuals to request data from one service
   provider and transfer it to another. For consumers, this means more freedom
   to switch between platforms and services without fearing losing their data.
 * Increased Transparency: Transparency is a critical element of the Delete Act.
   Data brokers must clearly and concisely explain how they collect, process,
   and share personal data. This includes informing individuals about the
   purpose of data collection and the third parties involved. By enhancing
   transparency, the Delete Act aims to build trust between consumers and
   organizations while ensuring that data practices are fair and accountable.
 * Fundamental Right: The Delete Act reflects a proactive approach to ensuring
   that privacy is a fundamental right. It puts individuals back in the driver’s
   seat, giving them greater control over their data.

Download Guide.


ENFORCEMENT & FINES

To enforce the regulations, the Delete Act includes provisions for substantial
fines from the CPPA in the event of non-compliance.

 * By mid-2026, data brokers will be required to access the CPPA-built website
   monthly, process delete requests, and fulfill any deletion requests within 30
   days.
 * The bill will also require data brokers, beginning in 2028, to undergo a
   third-party audit every three years.
 * Data brokers failing to register with the CPPA will be fined $200 daily.
 * Brokers who don’t comply with deletion requests will also be charged a fine
   of $200 a day for each deletion request.

Accelerate Your Privacy Program Today


HOW BIGID HELPS ORGANIZATIONS FULFILL DATA DELETION REQUESTS

The Delete Act represents a significant step forward in proactive privacy. It
signifies an accelerated need for companies – not only data brokers – to
understand their data and have the mechanisms to delete specific data on
individuals. While it may pose challenges for businesses, it also presents
opportunities for enhanced trust and accountability between organizations and
consumers.

BigID helps businesses manage, delegate, and execute deletion requests to
fulfill data rights. Organizations can leverage BigID for end-to-end automated
data deletion — and delete data quickly.

 * Quickly and easily fulfill data deletion requests by users and application
 * Delete data in seconds – across MySQL/MSSQL, Snowflake, S3, Oracle, Google
   Drive, and more
 * Validate deletion requests through collaboration and audit trails
 * Fulfill data deletion requests with integrated end-to-end data rights
   management
 * Reduce attack surface and mitigate privacy risk

To learn more about how BigID can help accelerate deletion and achieve
compliance— get a free 1:1 demo with our experts today.

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BIGID DATA DELETION APP

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