California’s new privacy act – the CCPA will require businesses to abide by global optouts, after the office of the state Attorney General, indicated too many companies simply ignore Do Not Track Signals.

In a Final Statement of Reasons the state OAG notes, “Subsection (d) requires a business that collects personal information online to treat user-enabled global privacy controls as a valid request to opt-out. ”

The government argues that the regulation is necessary to provide a global mechanism for consumers to use, as opposed to going website by website to opt-out.

“It will also drive innovation for privacy services that facilitate the exercise of consumer rights in furtherance of the purposes of the CCPA. ”

The government rejected a discretionary code, in simple terms, because it believes businesses would be likely to reject or ignore tools that “empower consumers to effectuate their opt-out right, such as by refusing to recognize the privacy control.”

The government update argues, “The OAG has concluded that businesses will very likely similarly ignore or reject a global privacy control if the regulation permits discretionary compliance. ”

To lessen the burden on businesses, the government says the regulation requires that user-enabled privacy controls must clearly communicate a consumer’s intent to opt-out of sale.

Attorney General Xavier Becerra has requested expedited approval with the goal of being able to implement and enforce the act by July 1 this year.

According to Californians for Consumer Privacy, CCPA gives consumers the power to take back control over their information by doing the following;

  1. Protecting personal information: Creates new rights allowing consumers to stop businesses using their sensitive personal information, including about health or finances, and especially exact location, without consent.
  2. Safeguards children’s privacy: It will triple 2018’s California Consumer Privacy Act fines for collecting and selling children’s private information.
  3. Establish an enforcement arm: Establish a new authority to protect these rights, the California Privacy Protection Agency. Increase transparency through this agency, giving consumers back control over their data.

In a statement released in early May, and before this latest announcement from the OAG, Alastair Mactaggart, Founder of Californians for Consumer Privacy  said, “Even as we’ve worked to strengthen privacy laws here in California, we’ve realized that our laws need to keep pace with the ever-changing landscape of constant corporate surveillance, information gathering and distribution”

According to Mactaggart, “We think Californians deserve to participate in and shape the conversation about how, when and with whom our most personal information is shared. That’s why we’ve introduced this new ballot measure, signed by nearly one million California voters.”

 

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