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California: DELETE Act signed by Governor

On October 10, 2023, the Governor of California, Gavin Newsom, announced that they had signed Senate Bill 362 for an act relating to data brokers (DELETE Act) into law.

Among other things, the DELETE Act requires the California Privacy Protection Agency (CPPA) to establish, by January 1, 2026, an accessible deletion mechanism that allows a consumer, through a single, verifiable consumer request, to ask that every data broker that maintains any personal information to delete any personal information related to that consumer held by the data broker or associated service provider or contractor. To this end, the DELETE Act requires 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, under the DELETE Act, starting from August 1, 2026, data brokers must access the mechanism at least once every 45 days. Moreover, from July 1, 2026, after a consumer has submitted a deletion request and a data broker has deleted the consumer's data, a data broker must delete all personal information of the consumer at least once every 45 days. Data brokers are also prohibited from selling or sharing new personal information of the consumer unless the consumer requests otherwise.

You can read the announcement here, the DELETE Act here, and view its history here.

Update: October 12, 2023

CPPA welcomes DELETE Act

On October 11, 2023, the California Privacy Protection Agency (CPPA) issued a statement welcoming the DELETE Act. The CPPA noted that the DELETE Act, which will go into force on January 1, 2024, transfers the administration, enforcement, and rulemaking authority over California's data broker registry from the California Department of Justice to the CPPA. 

Notably, the CPPA highlighted that California is the first state to pass a law to create an accessible deletion mechanism for consumers to delete their personal information held by data brokers in a single step.

You can read the statement here.