The Middletown Press (Middletown, CT)

Calif. vastly expands digital privacy. Will people use it?

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SAN FRANCISCO — Forty million California­ns will soon have sweeping digitalpri­vacy rights stronger than any seen before in the U.S., posing a significan­t challenge to Big Tech and the data economy it helped create.

So long as state residents don’t mind shoulderin­g much of the burden of exercising those rights, that is.

Come Wednesday, roughly one in 10 Americans will gain the power to review their personal informatio­n collected by large companies around the world, from purchase histories and location tracking to compiled “profiles” that slot people into categories such as religion, ethnicity and sexual orientatio­n. Starting Jan. 1, they can also force these companies — including banks, retailers and, of course, tech companies — to stop selling that informatio­n or even to delete it in bulk.

The law defines data sales so broadly that it covers almost any informatio­n sharing that provides a benefit to business, including data transfers between corporate affiliates and with third party “data brokers” — middlemen who trade in personal informatio­n.

It remains unclear how it will affect the business of targeted advertisin­g, in which companies like Facebook amass reams of personal data and use it to direct ads to specific groups of people. Facebook says it doesn’t share that personal informatio­n with advertiser­s.

Still, because it applies to any company that meets a threshold for interactin­g with state residents, the California law might end up serving as a de facto national standard. Early signs of compliance have already started cropping up in the form of “Don’t sell my personal informatio­n” links at the bottom of many corporate websites.

“If we do this right in California,“says California attorney general Xavier Becerra, the state will “put the capital P back into privacy for all Americans.”

California’s law is the biggest U.S. effort yet to confront “surveillan­ce capitalism,“the business of profiting from the data that most Americans give up — often unknowingl­y — for access to free and often adsupporte­d services. The law is for anyone ever weirded out when an ad popped up for the product they were just searching on, or who wondered just how much privacy they were giving up by signing into the briefly popular facechangi­ng tool FaceApp.

But there are catches galore. The law — formally known as the California Consumer Privacy Act, or CCPA — seems likely to draw legal challenges, some of which could raise constituti­onal objections over its broad scope. It’s also filled with exceptions that could turn some seemingly broad protection­s into coarse sieves, and affects only informatio­n collected by business, not government.

For instance, if you’re alarmed after examining the data that Lyft holds on you, you can ask the company to delete it. Which it will legally have to do — unless it claims some informatio­n meets one of the law’s many exceptions, among them provisions that allow companies to continue holding informatio­n needed to finish a transactio­n or to keep it in a way you’d “reasonably expect” them to.

“It’s more of a ‘right to request and hope for deletion,’” says Joseph Jerome, a policy director at privacy group Common Sense Media/Kids Action.

A more fundamenta­l issue, though, is that California­ns are largely on their own in figuring out how to make use of their new rights. To make the law effective, they’ll need to take the initiative to opt out of data sales, request their own informatio­n, and file for damages in the case of data breaches.

“If you aren’t even reading privacy agreements that you are signing, are you really going to request your data?” asks Margot Kaminski, an associate professor of law at the University of Colorado who studies law and technology. “Will you understand it or sift through it when you do get it?”

State residents who do make that effort, but find that companies reject their requests or offer only halting and incomplete responses, have no immediate legal recourse. The CCPA defers enforcemen­t action to the state attorney general, who won’t be empowered to act until six months after the law takes effect.

When the state does take action, though, it can fine businesses up to $7,500 for each violation of the law — charges that could quickly add up depending on how many people are affected.

The law does offer stronger protection for children, for instance by forbidding the sale of data from kids under 16 without consent. “The last thing you want is for any company to think that we’re going to soft on letting you misuse kids’ personal informatio­n,” Becerra, the attorney general, said at a press conference in December.

Many of the CCPA’s quirks trace back to the roundabout way it became law in the first place. A few years ago, San Francisco real estate developer Alastair Mactaggart asked a friend who worked at a tech company if he should be concerned about news reports on how much companies knew about him. He expected an innocuous answer.

“If you knew how much we knew about you, you’d be terrified,” he says the friend told him .

With help, Mactaggart produced a ballot initiative that would let California voters implement new privacy rules. Although initially a long shot, the proposal quickly gained steam amid news of huge data breaches and privacy leaks.

 ?? Ben Margot / Associated Press ?? San Francisco real estate developer Alastair Mactaggart, with help, produced a ballot initiative that would let California voters implement new privacy rules. Although initially a long shot, the proposal quickly gained steam amid news of huge data breaches and privacy leaks.
Ben Margot / Associated Press San Francisco real estate developer Alastair Mactaggart, with help, produced a ballot initiative that would let California voters implement new privacy rules. Although initially a long shot, the proposal quickly gained steam amid news of huge data breaches and privacy leaks.

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