California lawmakers approve data-privacy
bill opposed by Silicon Valley
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[June 29, 2018]
By Paresh Dave
SAN FRANCISCO (Reuters) - California
Governor Jerry Brown on Thursday signed data privacy legislation aimed
at giving consumers more control over how companies collect and manage
their personal information, a proposal that Google and other big
companies had opposed as too burdensome.
Under the proposal, large companies, such as those with data on more
than 50,000 people, would be required starting in 2020 to let consumers
view the data they have collected on them, request deletion of data, and
opt out of having the data sold to third parties. Companies must provide
equal service to consumers who exercise such rights under the law.
Each violation would carry a $7,500 fine. The law applies to users in
California.
"This is a huge step forward for California," State Senator Bob
Hertzberg, a Democrat, said during a livestreamed press conference
Thursday. "This is a huge step forward for people across the country."
Brown signed the measure hours after it unanimously passed the two
houses of the legislature as part of an effort to stop a similar measure
from reaching the state's November election ballot.
Laws originating in the legislature instead of from ballot initiatives
are easier to amend if issues arise, and even opponents in the business
community characterized the legislature's version as the lesser of two
evils.
Alastair Mactaggart, a California real estate developer who spent about
$1.4 million earlier this year to qualify the measure for the ballot,
had until Thursday evening to pull his initiative before state officials
set the ballot. Mactaggart had agreed to do so if Brown signed the bill.
He described the compromise on Thursday as a "landmark accomplishment,
which is the strictest privacy bill ever achieved in this country."
The measure would affect nearly every major business, but large
technology firms that play an ever-increasing role in online
communications and commerce are a big target. Data breaches affecting
Facebook Inc <FB.O>, Uber Technologies Inc and other companies have
generated increased public pressure for regulators to step in.
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California Governor Jerry Brown delivers his final state of the
state address in Sacramento, California, U.S., January 25, 2018.
REUTERS/Fred Greave
Executives at Alphabet Inc's <GOOGL.O> Google had warned that the
measure could have unintended consequences but have not said what
those might be.
"We think there's a set of ramifications that’s really difficult to
understand," Google senior vice president Sridhar Ramaswamy told
reporters on Tuesday. "User privacy needs to be thoughtfully
balanced against legitimate business needs."
The Internet Association, which also represents Facebook and
Amazon.com Inc <AMZN.O>, had opposed the bill, as had the California
Chamber of Commerce, National Retail Federation and the Association
of National Advertisers.
CTIA, a wireless industry trade group, called on the U.S. Congress
to pass legislation instead.
“State-specific laws will stifle American innovation and confuse
consumers," CTIA said.
Eric Goldman, a technology law professor at Santa Clara University,
said on his blog this week that the law "will likely" affect users
outside of California too "because of the hassle and expense of
building state-by-state consumer" experiences.
(Reporting by Paresh Dave; Editing by David Gregorio)
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