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Financial Services Law Insights and Observations

California enacts new data broker regulations

State Issues Privacy, Cyber Risk & Data Security State Legislation California CPPA Data Brokers Consumer Protection

State Issues

The California governor recently signed SB 362 (the “Act”), which will impose regulations on data brokers by allowing consumers to request the deletion of their personal data that was collected. The Act will allow the California Privacy Protection Agency (CPPA) to create an “accessible deletion mechanism” to make a streamlined method for consumers to delete their collected information available by January 1, 2026.

Among other amendments, businesses that meet the definition of a data broker will be required to register every year with the CPPA, instead of with the attorney general. Additionally, the Act requires data brokers to provide more information during its yearly registration, including: (i) if they collect the personal information of minors; (ii) if the data broker collects consumers’ precise geolocation; (iii) if they collect consumers’ reproductive health care data; (iv) “[b]eginning January 1, 2029, whether the data broker has undergone an audit as described in subdivision (e) of Section 1798.99.86, and, if so, the most recent year that the data broker has submitted a report resulting from the audit and any related materials to the California Privacy Protection Agency”; and (v) a link on its website with details on how consumers may delete their personal information, correct inaccurate personal information, learn what personal information is collected and how it is being used, learn how to opt out of the sale or sharing of personal information, learn how to access their collected personal information, and learn how to limit the use and disclosure of their sensitive personal information. Moreover, administrative fines for violations of the Act, payable to the CPPA, have increased from $100 to $200, and data brokers that fail to delete information for each deletion request face a penalty of $200 per day the information is not deleted.

The Act further requires that data brokers submit a yearly report of the number of requests received for consumer information deletion, and the number of requests denied. The yearly report must also include the median and mean number of days in which the data broker responded to those requests.