The California legislature passed a bill Thursday to require web browser support for universal opt-out preference signals (OOPS). Also, at our deadline, a California bill adding requirements for data brokers had enough votes to pass the legislature, though the tally wasn’t final. On Wednesday, the state legislature also passed a bill on social media account cancellations.
Data Brokers and Delete Acts
Data brokers aggregate and sell personal data—often without clear user awareness. In response, many U.S. states are passing “delete acts” and other laws to increase transparency, require registration and give users control over data sales. These laws will reshape compliance and collection practices for brokers and companies relying on third-party data. This page tracks legislation, rulemaking and enforcement trends affecting the data brokerage industry.
The 3rd U.S. Circuit Court of Appeals this week asked the New Jersey Supreme Court to weigh in on whether the state’s Daniel’s Law imposes strict liability on data brokers for posting private information online, or if proof of intent is required.
Draft regulations to implement the New Jersey Data Protection Act (NJDPA) may exceed the statute, said advertising, tech industry and news media groups in comments to the New Jersey attorney general’s office’s Division of Consumer Affairs. They suggested that New Jersey try to align more closely with other states that have comprehensive privacy laws.
California legislators’ refusal to advance a California location privacy bill disappointed Consumer Reports, said the group’s policy analyst, Matt Schwartz, in a statement. On Friday, the Senate Appropriations Committee effectively delayed the bill (AB-322) to next year (see 2508290005).
Consumers filed 214 complaints in the first year since the Oregon Consumer Privacy Act (OCPA) took effect, with the majority concerning online data brokers, according to a report from the state’s DOJ. The right to delete data was consumers' top complaint.
More companies could soon be covered by a Texas data broker law because of two Texas amendments to the statute that take effect on Monday.
A recent court decision on West Virginia's Daniel's Law is the first ruling to find a law protecting the privacy of public officials unconstitutional on First Amendment grounds -- and it will likely influence litigation in other states, said Troutman lawyers in a blog post Aug. 22. It could also lead to West Virginia amending its law, a Klein Moynihan lawyer said Monday.
California legislators refined a proposed update to the California Delete Act on Tuesday. Now on third reading and awaiting a floor vote in the Assembly, SB-361 by Sen. Josh Becker (D) would require data brokers to disclose more types of personal information in their state registrations than they do now.
A federal judge ruled Monday that New Jersey’s Daniel’s Law isn't preempted by the National Voter Registration Act (NVRA), refusing to dismiss two voter registration record websites from a consolidated constitutionality case about the statute. However, Judge Harvey Bartle found for the U.S. District Court for New Jersey that the state law is inconsistent with a provision of the Fair Credit Reporting Act (FCRA) and dismissed part of the complaint.
A New York state law requiring retailers to disclose when they're using algorithmic pricing is content- and viewpoint-based and a violation of the First Amendment, said a Thursday amicus brief by the U.S. Chamber of Commerce. The group filed in support of the National Retail Federation (NRF), which filed suit in early July against New York Attorney General Letitia James (D), alleging that the state is inappropriately compelling speech through the Algorithmic Disclosure Act.