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California makes a "giant leap forward" over privacy rights



<p class = "Canvas Atom Canvas Text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = " Governor Jerry Brown. Jason Doiy / The Recorder Governor Jerry Brown signed one of the most far-reaching consumer protection laws in the US on Thursday afternoon, which could give Californians significant control over what businesses can do with their personal information The Law, AB 375 a compromise that has been negotiated in hectic negotiations in recent weeks will not come into force until January 2020. The delay will give critics ̵
1; and there are many opportunities to try to weaken it to celebrate their success in passing privacy laws that companies like Google and AT & T have successfully averted in recent years. "Overall, I believe that this represents a big step toward privacy, "said Senate Justice Chairwoman Hannah-Beth Jackson, D-Sa Barbara. "I can not wait to see what details Google has collected about me." The California Data Protection Act requires data-collecting companies to tell consumers what information they receive from them and with whom they share it. It also forces companies to delete this information at the request of a customer. The bill prohibits companies from selling data from children under the age of 13 without parental consent. Teens between the ages of 13 and 16 must decide to share data. The bill gives consumers a limited private right to file for data breaches of unencrypted, un-revised information. Similar to California's Proposition 65, the Safe Drinking Water and Toxic Enforcement Act, the prosecutor would be allowed to intervene and take the case. Companies must also be given the opportunity to "cure" violations, although it is unclear how a data breach can be remedied afterwards. Stroock Stroock & Lavan partner Stephen Newman said that companies, such as those in the financial services industry he advises, "must reassess their full scope of data collection and use to ensure compliance until entry into force." Newman said he expects the bill to trigger "significant litigation". "Information about behind-the-scenes analysis, such as transaction patterns, may need to be passed on to consumers," Newman said in an email. "In addition, procedures must be put in place to comply with the provisions that give consumers the right to delete personal data." California, which is often at the forefront of legislation trends, has probably not created a privacy roadmap in this case. The bill was faked as an alternative to a more extensive campaign initiative that had qualified the real estate developer Alistair Mactaggart of San Francisco for the November election. Mactaggart cited the work of well-known privacy advocates Chris Hoofnagle, Ashkan Soltani, Lee Chen and Nicole Ozer in drafting the own-initiative language. Political law firm Remcho Johansen & Purcell worked on the election campaign. While the legislature wanted to launch a $ 100 million initiative, two Democrat MPs, Senator Bob Hertzberg and MP Ed Chau, were sent to make a compromise. Mactaggart agreed to withdraw its initiative from the vote if the governor signed AB 375, which contains many of the key provisions of the measure, until the deadline on Thursday afternoon. Corporate, technology and telecommunications groups described the bill as profoundly flawed, but reluctantly pressed for its transition as a preferred alternative to the electoral initiative. The bill went out on Thursday with the support of both parties from both houses. The opponents had already drafted next year a list of changes that they wanted to make in the statute. "Politicians across the country who look at what California has done on this issue should understand that the work of the California legislature is far from over and that this law is still in work before it enters into force in January 2020." said Linda Moore, President and CEO of TechNet, in a prepared statement. Chau said he had heard nothing from the list, but was ready to consider making limited changes, notably the approval of litigation by the language of the bill. "The Attorney General may also have some issues we need to refine," Chau said. The Foreign Minister's Office confirmed on Thursday afternoon that Mactaggart had withdrawn its initiative from the vote. "Data-reactid =" 11 "> Governor Jerry Brown Credit: Jason Doiy / The Recorder Governor Jerry Brown on Thursday afternoon signed one of the most far-reaching consumer protection laws in the US, giving Californians significant control could give about what companies can do with their personal information. AB 375 a compromise that has been in hectic negotiations in recent weeks, will take effect only in January 2020. The delay will give critics – and it There is plenty of time to try to weaken the bill through legislative changes, but supporters were happy to celebrate their success in implementing data protection laws that have successfully abolished companies such as Google and AT & T in recent years. "Overall, I believe that this a big step towards privacy, "said Senate Judi Chairwoman Hannah-Beth Jac kson, D-Santa Barbara. "I can not wait to see what details Google has collected about me." The California Data Protection Act requires data-collecting companies to tell consumers what information they receive from them and with whom they share it. It also forces companies to delete this information at the request of a customer. The bill prohibits companies from selling data from children under the age of 13 without parental consent. Teens between the ages of 13 and 16 must decide to share data. The bill gives consumers a limited private right to file for data breaches of unencrypted, un-revised information. Similar to California's Proposition 65, the Safe Drinking Water and Toxic Enforcement Act, the prosecutor would be allowed to intervene and take the case. Companies must also be given the opportunity to "cure" violations, although it is unclear how a data breach can be remedied afterwards. Stroock Stroock & Lavan partner Stephen Newman said that companies, such as those in the financial services industry he advises, "must reassess their full scope of data collection and use to ensure compliance until entry into force." Newman said he expects the bill to trigger "significant litigation". "Information about behind-the-scenes analysis, such as transaction patterns, may need to be passed on to consumers," Newman said in an email. "In addition, procedures must be put in place to comply with the provisions that give consumers the right to delete personal data." California, which is often at the forefront of legislation trends, has probably not created a privacy roadmap in this case. The bill was faked as an alternative to a more extensive campaign initiative that had qualified the real estate developer Alistair Mactaggart of San Francisco for the November election. Mactaggart cited the work of well-known privacy advocates Chris Hoofnagle, Ashkan Soltani, Lee Chen and Nicole Ozer in drafting the own-initiative language. Political law firm Remcho Johansen & Purcell worked on the election campaign. While the legislature wanted to launch a $ 100 million initiative, two Democrat MPs, Senator Bob Hertzberg and MP Ed Chau, were sent to make a compromise. Mactaggart agreed to withdraw its initiative from the vote if the governor signed AB 375, which contains many of the key provisions of the measure, until the deadline on Thursday afternoon. Corporate, technology and telecommunications groups described the bill as profoundly flawed, but reluctantly pressed for its transition as a preferred alternative to the electoral initiative. The bill went out on Thursday with the support of both parties from both houses. The opponents had already drafted next year a list of changes that they wanted to make in the statute. "Politicians across the country who look at what California has done on this issue should understand that the work of the California legislature is far from over and that this law is still in work before it enters into force in January 2020." said Linda Moore, President and CEO of TechNet, in a prepared statement. Chau said he had heard nothing from the list, but was ready to consider making limited changes, notably the approval of litigation by the language of the bill. "The Attorney General may also have some issues we need to refine," Chau said. The Foreign Minister's Office confirmed on Thursday afternoon that Mactaggart had withdrawn its initiative from the vote.


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