Last year, California passed the one of the strictest data privacy laws in the country: The California Consumer Privacy Act of 2018. It’s slated to go into effect in 2020.
Now, state lawmakers have proposed several amendments to the legislation.
One such bill introduced by Senator Hannah-Beth Jackson (D-Santa Barbara) and backed by Attorney General Xavier Becerra, SB 561, would allow consumers to sue companies should they be accused of breaching the California Consumer Privacy Act. In its current form, the legislation only allows consumers to sue if they were victims of a data breach. It also provides companies with a 30-day grace period to amend the alleged violations and provides guidance from the office of the Attorney General regarding whether or not they are in compliance with the legislation.
The proposed amendment would expand the private right of action by allowing consumers to sue companies for any violation of the CCPA, beyond a data breach. It would also eliminate the 30-day window to “cure” the complaint and strike out businesses’ consultation from the AG’s office.
We debate the bill and its implications for both companies and consumers alike.
With guest host Libby Denkmann
Lee Tien, senior staff attorney for internet rights at the Electronic Frontier Foundation, a digital rights and advocacy group based in San Francisco