How to Improve the California Consumer Privacy Act of 2018

On June 28, California enacted the Consumer Privacy Act (A.B. 375), a well-intentioned but flawed new law that seeks to protect the data privacy of technology users and others by imposing new rules on companies that gather, use, and share personal data. There's a lot to like about the Act, but there is substantial room for improvement. Most significantly: The Act allows businesses to charge a higher price to users who exercise their privacy rights. The Act does not provide users the power to bring violators to court, with the exception of a narrow set of businesses if there are data breaches. For data collection, the Act does not require user consent. For data sale, while the Act does require user consent, adults have only opt-out rights, and not more-protective opt-in rights. The Act’s right-to-know should be more granular, extending not just to general categories of sources and recipients of personal data, but also to the specific sources and recipients. Also, the…

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