AB 375 Signed - Californians for Consumer Privacy Applauds Successful Passage of Groundbreaking Legislation

June 28, 2018

CALIFORNIANS FOR CONSUMER PRIVACY APPLAUDS SUCCESSFUL PASSAGE OF GROUNDBREAKING LEGISLATION—GIVES CALIFORNIANS SOME OF THE STRONGEST CONSUMER PRIVACY PROTECTIONS IN THE WORLD

Due to Passage of AB 375, Californians for Consumer Privacy Agrees to Withdraw the California Consumer Privacy Act from November 2018 Ballot

Sacramento, Calif. – Californians for Consumer Privacy applauded the California State Legislature for the successful passage of AB 375 (Chau, Hertzberg, Dodd), which will provide Californians with fundamental new consumer privacy rights. As a result of the bill’s passage, Californians for Consumer Privacy will now withdraw the California Consumer Privacy Act, through the California Secretary of State’s office. 

“We are thrilled that AB 375 has become law.  This is a monumental achievement for consumers, with California leading the way in creating unprecedented consumer protections for the rest of the nation,” said Alastair Mactaggart, chairman of Californians for Consumer Privacy. “We are grateful to Governor Jerry Brown and members of the California Legislature, especially bill authors Assembly member Ed Chau, Senator Bill Dodd and Bob Hertzberg, for their tremendous commitment to securing consumer privacy rights for California consumers through this legislation. Californians for Consumer Privacy is proud to have led a people’s ballot initiative that helped bring us to this point. As the effort to empower Californians with critical privacy protections continues, we are heartened by and appreciative of the participation of many stakeholders and privacy advocates in this process, and look forward to their continued involvement as the vision for greater consumer privacy becomes reality.  It’s my strong belief that these new California rights will soon extend to the rest of the United States.” 

Below please find highlighted distinctions between the California Consumer Privacy Act ballot initiative and AB 375. In summary, the broad private right of action in the initiative was limited to covering instances of data breach, and all other violations are subject to enforcement by the Attorney General. In return, the bill achieved greater consumer protection, including the right to know all a consumer’s personal information for free twice a year, the right to delete, and opt-in for consumers under 16 years old.

BILL SUMMARY:

  • Right to know all data collected by a business on you (twice annually free of charge).
  • Right to say no to the sale of your information.
  • Right to delete your data.
  • Right to be informed of what categories of data will be collected about you prior to its collection, and to be informed of any changes to this collection. 
  • Mandated opt-in before sale of children’s information (under the age of 16).
  • Right to know the categories of third parties with whom your data is shared.
  • Right to know the categories of sources of information from whom your data was acquired.
  • Right to know the business or commercial purpose of collecting your information.
  • Enforcement by the Attorney General.
  • Private right of action regarding data breaches only. 

INITIATIVE SPECIFICATIONS: 

  • Right to know what categories of information collected about you (once annually free of charge). 
  • Right to know where your data is sold or disclosed for business purposes, by category of your data. 
  • Right to say no to sale of information.
  • Stricter regulations around pricing of services. 
  • Expanded private right of action covering all contents of initiative. 
  • Expanded AG enforcement covering all contents of the initiative. 

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