Who's Selling Data? New California Privacy Law Gives Users More Control

With more streaming services on the market than ever and a global pandemic incentivizing people to stay at home, it's not a leap to assume the amount of data being collected about viewing habits has hit a fever pitch. And it's happening as California's newest data privacy law has become ripe for enforcement and an even stronger version has been approved for the November ballot.

After several rounds of public comment, Becerra's office on June 1 released its final proposed regulations, a layer of rules in addition to what's written in the law. Daniel Goldberg, a privacy and data security attorney at Frankfurt Kurnit Klein & Selz, says it was surprising that there were no substantive changes to the proposed version that was released in March, noting “it makes me think the AG is eager to enforce the regulations as soon as statutorily permitted.”

One aspect of Becerra's regulations that could be challenging for some businesses is the requirement that organizations recognize and honor a browser's do not track signal. "If the organization is not allowed to collect any data at all in this instance, that’s a much broader obligation that exists under the CCPA," adding that the statute doesn't regulate collection for internal use and otherwise only applies the opt-out to data that's sold to a third party. "It’s really not clear how organizations are supposed to respond to this mismatch — particularly if an individual has separately chosen to opt in.

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