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Facebook. Yahoo. Equifax. Time and time again, millions of consumers have seen companies to whom they had entrusted their personal and financial information to admit that data had been hacked, stolen or used without their permission.
But a new California law, the California Consumer Privacy Act, approved this week, under the threat of a voting initiative, will give consumers unprecedented power to protect their data and hold companies accountable for violations .
Here's how the new law will affect your life online.
Do I have these new protections now?
A Not yet. The law does not take effect until January 1, 2020. It seems very far away. But the law was spurred by an initiative that has since been withdrawn from the November poll that would not have been effective until six months after its adoption. The law gives companies about six months longer than if the initiative had been adopted
Q What rights would I have under this new privacy law?
A The new law guarantees the right to know what data is collected about you, including rights to access, download or transfer your information. It gives you the right to deny companies to sell your data. It gives you the right to compel companies to delete the private data that they have collected about you. It prohibits the sale of data on children without their consent. Businesses generally can not penalize consumers who exercise their rights under the new law. And it holds companies responsible for violations and data breaches.
Q Can not I already ask businesses to tell me what they perceive about me and withdraw from their sale?
Not in law, unless the company chooses to offer it to you. California's online privacy law requires companies to publish an online privacy policy explaining what information they collect about consumers, how it can be shared, and any process for reviewing or reviewing it. modification. The new law goes further, forcing companies to disclose information collected on demand, free of charge up to twice during a 12-month period. Companies must also disclose the types of information – for example, demographic, geolocation – to which type of recipients it is shared, and the business motive for collection. And the new law gives consumers the right to prevent companies from selling their personal data. Companies will need to have a "button" or feature on their website to request access to your data or opt out of its sale.
Q Are children covered by the new law?
A The 1998 Federal Child Online Privacy Act already applies to children 12 years old and under. It requires the consent of parents, with few exceptions, before collecting personal information online from children, and allows parents the right to view the information collected about their children and have it removed. The new California law adds another layer, requiring children under the age of 16 to consent to the sale of their data online.
Q Are certain provisions of this new law in force elsewhere?
A This new law incorporates certain concepts of the European Union's General Data Protection Regulation, which came into force in May. These include the right to access and transfer your data – for example, to another social media provider or email – and compel companies to remove what they have collected on you.
Q to protect my data online and responsible for violations?
A The existing law requires companies that they take reasonable steps to secure your personal data. The new law gives you the right to sue for legal damages on unauthorized access, theft or disclosure of your information.
Q OK, I was informed that my data had been hacked. How to get justice under this new law?
A If you lost money as a result of the violation, you can file a lawsuit to recover these costs. If you are not sure yet, you can inform the company of their violations, which will trigger a process in which you or the Attorney General could sue. The new law gives the company a chance to remedy the violation. If this is not the case, the consumer could then file a lawsuit and inform the Attorney General. The Attorney General could then either take over the case, authorize the private prosecution or block it if it was found to be frivolous
Q What will I be able to do if I think that one company is not frivolous? to comply with any other new requirements, such as disclosing data collected about me or letting me exclude from selling it?
A Tell the company that you think they're breaking the law, and tell the Attorney General. The state will be tasked, over the next 18 months, with developing an easy way for consumers to report suspected violations to the Attorney General.
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