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California: DELETE Act passes both houses

On September 14, 2023, the California State Senate concurred with the amendments introduced by the California State Assembly to Senate Bill 362 for an act relating to data brokers (the DELETE Act), which was thereafter ordered to engrossing and enrolling. The bill was passed by the Senate on May 31, 2023, and by the Assembly on September 13, 2023.

In particular, the bill would require the California Privacy Protection Agency (CPPA) to establish an accessible deletion mechanism by January 1, 2026. This mechanism, among other things, allows a consumer, through a single verifiable consumer request, to request that every data broker that maintains any personal information delete any personal information related to that consumer held by the data broker or associated service provider or contractor. To this end, the bill would require a data broker to register with, pay a registration fee to, and provide information to the CPPA, instead of the California Attorney General.

In addition, the bill would specify requirements for the accessible deletion mechanism in question, and would, starting from August 1, 2026, require a data broker to access the mechanism at least once every 31 days and, among other things, process all deletion requests, except as specified.

You can read the bill here and track its progress here.