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Analysis A proposed amendment to California's new data privacy law would drive a huge hole through the legislation, privacy advocates have warned.
The change to the California Consumer Protection Act (CCPA) – in Senate Bill 753 – will be reviewed by the Senate Judiciary Committee next week and effectively adds Google and Facebook's entire business models to an exemption list, meaning consumers would not be able to sue tech giants for misusing their personal data.
Exemption - List - Companies - Data - Consumers
The exemption list is intended to ensure that companies can use personal data if consumers actively agree to it. However a new addition to the limited list would include any business that "shares, discloses, or otherwise communicates to another business or third party an online identifier, an Internet Protocol address, a cookie identifier, a device identifier, or any unique identifier only to the extent necessary to deliver, show, measure, or otherwise serve or audit a specific advertisement to the consumer."
The change is designed to be defensible as it would require there to be a contract between two companies that would also "prohibit the other business or third party from sharing, selling, or otherwise communicating the information except as necessary to deliver, show, measure, or otherwise serve or audit an advertisement from the business."
Language - Law - Intent - System - Giants
But the legalistic language that appears to fit with the law hides its true intent: exempting the system that tech giants use to make money. Under this proposal, so long as they use a form of online bidding for placing ads, they would be exempt from the law.
Emerging browser maker and privacy advocates Brave is having none of it, pointing out in a letter to the Senate Judiciary Committee that the change would "seriously undermine the California Consumer Privacy Act."
Amendment - Companies - Information - Hundreds
It points out: "The amendment would permit companies to broadcast intimate personal information to hundreds of...
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