News & Analysis as of

Right to Delete Duty to Delete

Dorsey & Whitney LLP

One-Stop Deletion from Data Brokers - California’s Delete Act

Dorsey & Whitney LLP on

California Governor Newsom recently signed SB 362, known as the Delete Act, which creates a one-time mechanism for consumers to request that data brokers delete all personal data associated with the consumer. ...more

Hudson Cook, LLP

California Data Broker Bill Expands Consumer Data Deletion Rights, Empowers Deletion Agents

Hudson Cook, LLP on

Data brokers face new registration and audit obligations, consumer data deletion rights, and exposure to fines under California's SB 362, the Delete Act. The bill was signed into law by Gov. Gavin Newsom on Tuesday. Effective...more

WilmerHale

California Looks to Amend Data Broker Law

WilmerHale on

The state of California is on the verge of amending its current data broker law with Senate Bill 362, also known as the Delete Act (“the Act”). The Act passed in the Assembly’s Committee on Privacy and Consumer Protection and...more

BCLP

What type of contractual provisions are included within service provider agreements in connection with consumer deletion requests?

BCLP on

Although the CCPA does not itself require that a service provider honor a deletion request that it receives directly from a consumer, a service provider may be contractually obligated to do so by a business.  Many...more

BCLP

Does a business have to delete information from their point of sale system pursuant to a deletion request?

BCLP on

Probably not. Point of sale systems typically collect and retain inherently “personal information” as defined by the CCPA, such as the customer’s name, address, phone number, email, and payment information....more

BCLP

Do all marketing lists discriminate against consumers that exercise a right to be deleted?

BCLP on

No.  The CCPA generally prohibits a business from “discriminat[ing]” against a consumer that chooses to exercise “any of the consumer’s rights” – including the right to be deleted. As a result, to the extent that a...more

Holland & Knight LLP

California Attorney General Releases Draft Regulations on the California Consumer Privacy Act: New Requirements Have Potentially...

Holland & Knight LLP on

The California Attorney General Xavier Becerra on Oct. 10, 2019, released the proposed text for the California Consumer Privacy Act Regulations (Regulations). The Regulations are intended to guide businesses on CCPA...more

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