Tech mobilizes against California privacy law
Tech mobilizes against California privacy law
BY HARPER NEIDIG - 07/01/18 09:00 PM EDT 212
The tech industry is mobilizing against a new California
privacy law, likely the toughest in the country.
The California Consumer Privacy Act was rushed through
the state legislature, where it was approved unanimously, and quickly signed by
Gov. Jerry Brown (D).
The new law requires websites to show users what data is
collected on them, what the data will be used for and to identify third parties
who have been given access to the data. Internet users will also have the right
to opt out of having their data collected and sold and to request that their
information be deleted.
It is one of the most comprehensive privacy laws passed
in the U.S. and comes after the European Union implemented a set of data
privacy regulations that cracked down on data collection practices.
But the law, which doesn't take effect until 2020, is now
the center of a new fight as the tech industry pushes for changes.
Robert Callahan, the vice president of state government
affairs for the Internet Association, said Thursday that the trade group is
worried about the lack of input the bill received before passage.
“Data regulation policy is complex and impacts every sector
of the economy, including the internet industry. That makes the lack of public
discussion and process surrounding this far-reaching bill even more
concerning,” Callahan said.
“It is critical going forward that policymakers work to
correct the inevitable, negative policy and compliance ramifications this
last-minute deal will create for California’s consumers and businesses alike,”
he added.
“While today's law marks some improvements to an overly
vague and broad ballot measure, it came together under extreme time pressure,
and imposes sweeping novel obligations on thousands of large and small
businesses around the world, across every industry,” said Katherine Williams, a
spokeswoman for Google.
“We appreciate that California legislators recognize
these issues and we look forward to improvements to address the many unintended
consequences of the law.”
The bill though has also divided many privacy and
consumer advocates.
Some see it as a landmark law that will shake up the
nation's debate over privacy and data. But others have dismissed it as
watered-down and would have preferred a ballot measure with even tougher
restrictions on data collection.
That ballot measure also included a provision that would
require a supermajority in both the Assembly and the Senate in order to alter
its language, sparking alarm among state lawmakers.
Critics of the California law say the ballot initiative
led legislators to quickly ram through their own bill first.
"It's clear that this law would not have passed had
that ballot initiative not been hanging over everyone's head," John
Simpson, an advocate with Consumer Watchdog, said in a phone interview.
Many privacy advocates say the law didn't go far enough
in protecting users' data.
Nicole Ozer, the technology and civil liberties director
with the ACLU of California, says that the law doesn’t address any of the
questionable data practices highlighted by the Cambridge Analytica scandal
earlier this year.
“It's drafted in a very narrow way that really doesn't
touch on most of the ways that information is shared in the current modern data
ecosystem,” Ozer told The Hill. “This law is just riddled with tech industry
exceptions and carveouts.”
Alastair Mactaggart, a real estate developer who helped
bankroll the ballot initiative, has pushed back on criticism.
He said the law will set a standard for privacy advocates
in other states.
“This is a monumental achievement for consumers, with
California leading the way in creating unprecedented consumer protections for
the rest of the nation,” Mactaggart said. “It’s my strong belief that these new
California rights will soon extend to the rest of the United States.”
Simpson, of Consumer Watchdog, argues the law gives the
privacy movement something to build upon.
“This is a huge step forward,” he said.
But both sides acknowledge that the fight over the law is
not over yet.
Supporters insist they'll defend it from industry efforts
to ease its regulations.
Simpson said there was broad support for tough privacy
laws in the state.
“We had the signatures to go ahead with the ballot
initiative,” Simpson said. “We could do that again if it becomes necessary.”
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