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California's Delete Act: Victory For Privacy Advocates

By Alliant Specialty

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Recently, California Governor, Gavin Newsom, signed the Delete Act into law. Under this new law, Californians will now have the opportunity for their personal data to be deleted from data brokers’ records. The Delete Act is the first of its kind to be passed in the U.S. and requires data brokers to be registered with the California Privacy Protection Agency (CPPA). Once registered, the CPPA can process California residents’ requests to have data brokers delete personal information, regardless of how the brokers originally came into possession of the information. The Delete Act makes such requests easy by creating a one-stop shop for Californians concerned about their privacy and personal data including, but not limited to, their sexual health information, geolocation status and religious affiliation.

The Delete Act is a thorn on the side of many advertising agencies, who argue that it makes it much harder for consumers to learn about and purchase new products and services. Advertisers will have a few years to adjust, as the state agency charged with administering the new law has until 2026 to set up an actual mechanism for California residents to have their personal information records deleted.

California’s passage of the Delete Act is just one of the many efforts made by states to ramp up protection for their respective residents’ personal data. Organizations doing business in California are encouraged to ensure their business practices are in compliance with the Delete Act and should refer to their cyber insurance policy to understand how to respond in the event of a privacy regulatory proceeding.