Business Groups Lobby for Changes to California Data Privacy Law
Officials representing software developers, retailers, advertisers and other industries said that, without refining, the California Consumer Privacy Act threatens the basic online operations their clients expect.
February 06, 2019 at 01:00 AM
3 minute read
The original version of this story was published on The Recorder
Business representatives told California regulators on Tuesday that they want more from the state's new consumer privacy law—more specific definitions and more flexibility in compliance.
Speaking at a Sacramento hearing convened by the office of Attorney General Xavier Becerra, officials representing software developers, retailers, advertisers and other industries said that, without refining, the California Consumer Privacy Act, or CCPA, threatens the basic online operations their clients expect.
“A 16-year-old California student may have the right to delete all of their grades without the knowledge of their parents or public school,” said Sara Kloek, director of education policy for the Software and Information Industry Association. “CCPA makes compliance with [existing] student privacy laws more confusing.” She added: “The deletion rights under CCPA could cause major compliance confusion and should be clarified.”
The comments were recorded under a mandated rulemaking process that Becerra's office is conducting to craft regulations that spell out how the new consumer privacy law will be enforced next year. The public hearing in Sacramento, held in a state auditorium filled with suit-clad individuals tapping away on laptops, is the fifth of seven scheduled for locations around California.
The attorney general's office expects to have proposed rules available for review in the fall.
The Consumer Privacy Act gives Californians the right to find out what information businesses collect about them and to have companies delete that information if they choose. The law also bans companies from discriminating against customers who exercise those rights.
A broader version of the privacy law was initially proposed as a ballot initiative by San Francisco real estate developer Alastair Mactaggart. Legislators last year approved a compromise bill containing much of the proposed initiative to avoid a costly ballot fight pitting telecommunications and tech companies against consumer advocates.
Critics of the law said they want stricter definitions of what constitutes consumer and personal information. Restrictions on identifying consumers could make it tougher to track down online harassers or to confirm clients really want their information deleted, they said Tuesday. They also want more leeway on what it means for a customer to opt out of a company's data-collection practices—for example, can a consumer approve just some data-sharing in exchange for rewards or rebates?—and to offer ad-free platforms at a price.
James Harrison, a partner at Remcho Johansen & Purcell, the San Leandro firm that helped draft Mactaggart's initiative, said Tuesday that any rules developed by the attorney general must give consumers a “clear and easy” way to opt out company data sales on a broad basis.
“Financial incentives and discounts offered by businesses should be tied to the average value to the business of consumers' data,” Harrison said. “We think that's a way to ensure that loyalty programs can continue while also preventing businesses from charging consumers unjust or unreasonable rates and fees for exercising their privacy rights.”
The next public forum on potential Privacy Act rules is set to take place Feb. 13 in Fresno. Comments can also be submitted online.
|This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250