California Voters Support New Internet Privacy Rules, Strengthening State Law
November 04 2020 - 2:04PM
Dow Jones News
By Sebastian Herrera
California voters approved a measure aimed at tightening
internet privacy rules and fortifying the state's landmark privacy
law that went into effect this year.
Residents in the country's most populous state voted in favor of
Proposition 24, which will create a state agency to enforce
internet privacy regulations, while attempting to tighten some of
the loopholes found in the existing law. With 99% of precincts
partially reporting in the state, 56.1% of voters supported the
measure and 43.9% opposed it.
Given California's size and influence, the measure has the
potential to set a national standard if other states follow suit.
The ballot initiative passed despite criticism that its effect will
only marginally be felt by the industry it is aimed to govern.
Facebook Inc., Alphabet Inc.'s Google and other technology
companies that showed strong opposition to the California law
largely stayed silent on the ballot measure.
"It will be the default law of the land because there are very
few American businesses that don't do business in California," Alan
Friel, an attorney and privacy expert at Baker & Hostetler LLP,
said in an interview before Tuesday's election. "Over the next five
years, we will look more like Europe [in terms of regulation], and
American businesses will have no choice but to get on the bus
because that bus has left the station."
When California lawmakers passed the privacy law in 2018, they
left much unaddressed over how the legislation would be enforced
and what exactly it would target. Enforcement has largely been up
to the state attorney general's office, which has said it can only
take on a small number of cases a year. The new measure aims to fix
that problem by creating a dedicated agency to dole out fines to
companies that violate the law, with city and district attorneys
also having the power to sue. The agency will initially be funded
with $10 million.
California's law primarily established the right for consumers
to request from businesses any personal information that is being
collected from them and ask for that data to be deleted and not
sold. With industry groups and privacy advocates having wrestled
greatly over what constitutes the sale of consumer data, the
measure updates the rule by explicitly stating that residents can
prohibit sharing of personal data. It also gives consumers rights
to limit how companies use sensitive data such as their ethnicity,
religion and location.
The measure still leaves the burden of opting out of collection
of information on the consumer, and it doesn't give consumers
direct rights to sue companies over violations. The Electronic
Frontier Foundation, an influential advocacy group that has been a
leading voice for consumer privacy, said the measure was "a mixed
bag of partial steps backwards and forwards."
The measure doesn't go into effect until 2023, giving companies
time to adjust. Facebook and Google are also focused on more
consequential matters, including the election and antitrust
scrutiny. The U.S. Justice Department in October sued Google over
alleged anticompetitive behavior, and the Federal Trade Commission
is examining Facebook's acquisition strategy.
Alastair Mactaggart, the real-estate developer who spearheaded
the measure, said it was aided by the larger fight Facebook, Google
and other leading tech companies have faced during the past year
over their power.
Mr. Mactaggart, who has said he views internet privacy as a long
game, said he saw his measure as one big step forward.
"This will be a living and breathing thing just like other laws
and will be amended for the rest of our lives," he said. "It needs
to evolve, and it will evolve over time as society changes."
Write to Sebastian Herrera at Sebastian.Herrera@wsj.com
(END) Dow Jones Newswires
November 04, 2020 13:49 ET (18:49 GMT)
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