AG Becerra, Sen. Jackson Introduce Legislation to Strengthen the California Consumer Privacy Act
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AG Becerra, Sen. Jackson Introduce Legislation to Strengthen the California Consumer Privacy Act

Stacy don’t go too far away now here how
are we doing everybody ready it’s fine kids okay looks good good afternoon
thank you for being with us today I am pleased to be joined by Senator
Hannah Beth Jackson to make a very important announcement and talk about
something critical to Californians actually to Americans throughout this
country and I daresay people around the world but here in California as usual
we’re taking elite so that’s why we’re here in California talking about these
issues I also want to introduce Stacey Cheshire who is the supervising Deputy
Attorney General in our privacy section because Stacey and her team have been
responsible for a lot of the work that we have been doing in these last several
months in preparation for protecting people’s internet privacy here in
California and in working on the legislation that we’re going to be
entered discussing today so I wanted to just acknowledge her and she’s already
prepped prepped in case so there’s some specific questions that I can’t answer
or Senator Jackson can’t answer she will be ready to do it for us last week we
did a press conference dealing with data privacy breaches and how we’re going to
try to perfect that law that we have in California that lets Californians know
if a company has whether willingly or unwittingly disclose some of your
private data and we’re gonna try to improve that law because we realized
that we were missing protections for passport data if your passport number
was disclosed through some kind of breach you had no remedy biometric data
more and more we’re using fingerprints retina data to determine who you are
that was not also protected we’re gonna improve our law I hope with the help of
Senator Jackson and others to make sure that those types
those type of data are included in our data breach protection law which by the
way was the first in the nation back in 2002-2003 today pretty much every state
in the nation provides some type of protection against data breaches but it
was California that started it and to the state the federal government has yet
to act and so you can understand why it’s important that states like
California move because it brings other states and the country with us we’ve
been doing this leadership in this area on privacy for a long time and certainly
when it comes to matters internet we’ve been at the forefront as well and so
should give no one surprise that last year California enacted the California
consumer Privacy Act the first-in-the-nation law to protect
Internet data that Americans certainly Californians are anxious to make sure
does not get out into the public domain it’s a groundbreaking protection for
consumers it gives them the ability to control the use of their personal data
and once again we’re first in the nation to do something like the California
consumer Privacy Act in fact there are very few laws like it in the world and
as California goes so goes the nation and sometimes the world so we know how
important it is to get it right when it comes to this new data privacy law the
California Department of Justice has the responsibility to promulgate the rules
of the road for data privacy under the CCPA the California consumer Privacy Act
I’ll call it the CCPA from now on we’re gearing up here at the Department of
Justice for the rulemaking process that is now underway we’ve hit the road to
hear from businesses and individuals and stakeholders alike about how CCPA
will affect them we have held six forums to date in San Francisco San Diego
Riverside Los Angeles Sacramento and Fresno our last forum will be held at
Stanford University March 5th in the afternoon
and we’ve worked closely with our partners in the legislature to make sure
that we make whatever tweaks are necessary to the existing law to make
sure that it works right for everyone we will make sure to carry out this law to
the fullest extent possible and to do so and to be bold we want to make sure that
in every respect it is operating properly for the people of California
the legislature addressed some of the concerns that we raised last year about
this new law via SB 1121 but other concerns remain and that’s why I am
truly proud to be able to stand here with Senator Jackson today she will be
discussing SB 561 legislation that she has introduced that will help strengthen
and clarify the California consumer Privacy Act CCPA the bill would make
three necessary Corrections to the law from our perspective and I’ll let her go
into some of the detail as well first the bill would revise a portion of the
law that allows any business or third party to seek the opinion of the
California Department of Justice on how to comply with the law you may think
well that’s what’s wrong with that if you want to know how to comply with the
law why shouldn’t you ask the enforcer of the law how to do so well the
California Department of Justice serves the state of California and it’s 40
million people collectively we protect them and their rights we do not give out
free legal advice which is what this would translate into because it would be
free legal advice by the way free to the that business at taxpayer expense for
everyone else it would be dispensing that legal advice at taxpayer expense to
these individual businesses and stakeholders that’s exactly what current
law would propose we do is to provide this free legal advice paid for by
taxpayers instead our bill the bill that Senator Jackson is introduced as
introduced would authorize my office to publish general guidance on how to
comply with CCPA guidance that anyone would be able to
use we seek to remove what’s called the
right to cure provision as currently written the CCPA allows a business that
has violated or is violating data privacy rules it would give them 30 days
to cure a violation after the Department of Justice notifies them of the
violation but how can they these businesses really cure violations like
selling your personal data to another company against your will or your
direction how can they Unseld that data how can they retract data that they’ve
allowed loose once it’s public how can it ever then become private this policy
harms honest businesses that comply with the law in the first place they are put
at a disadvantage to businesses that choose not to follow the law until they
are caught and then they are given notice to cure essentially it’s a get
out of jail free pass where now they have to do is say well give me 30 days
to cure the violations that I’ve committed even though there’s no way to
really cure the violation of disclosure of personal day data once it’s out in
the public that’s not fair and that needs to be fixed and finally the bill
that Senator Jackson has introduced allows consumers to seek legal remedies
for themselves and to broadly enforce their private rights under the Act right
now Californians only have a limited right
to go to court if the Department of Justice doesn’t take legal action on
their behalf namely if they are in the are the victims of data breach that’s
the only case in which they can go to court on their own under the amended
bill or the proposal that Senator Jackson has consumers have the right to
file a civil action if a business violates any of the rights under the
CCPA so essentially as written the law gives
California’s consumers new rights but it denies them the ability to protect
themselves directly in court if those rights are violated this bill that
Senator Jackson introduces would restore those rights
were confident that implementing these three provisions would make CCPA an even
stronger law Californians Oh senator Jackson a big thanks for her commitment
to protecting their private data and I look for I look forward to working with
her and continued partnership as we work together with the legislature on this
landmark legislation let me now turn the microphone over to Senator Jackson well
thank you a Attorney General the Sara this is such a critical issue and I
appreciate the opportunity to work with you on this I’m state senator Hanna Beth
Jackson I represent the 19th Senate district
which is all of Santa Barbara County in all of western Ventura County and I
chair the state Senate Committee on the judiciary I have personally been an
advocate for privacy protections throughout my 20-plus years in the
legislature actually 12 years over a span of twenty years and I am proud
today to stand with our Attorney General our state’s top law enforcement official
to announce significant legislation to strengthen enforcement of this very
important California consumer Privacy Act as mentioned it is the first in the
nation but the fact of the matter is that we all value our privacy in our
independence here in California we value our personal privacy so much that it is
actually enshrined in our state constitution article 1 section 1 reads
all people are by nature free and independent and have inalienable rights
among these are enjoying and defending life and liberty
acquiring possessing and protecting property and pursuing and obtaining
safety happiness and privacy it is written right into our state’s
Constitution but that constitutional right is currently under unprecedented
assault in cases like the Cambridge analytical scandal millions of Americans
have had their personal data collected bought and sold against their will and
without their knowledge this personal information about where we go what we
like and who we know is then used to manipulate and influence what we
purchase how we vote and our health status among many other activities by
manipulating our personal lives this information has been used to undermine
democracy and so deep divisions within our country and frankly as we look back
upon Cambridge analytic and its conduct during the 2016 election there is no
question but that it did exactly that as the outrage of this incident is
demonstrated it is a fundamental right to the democratic process but it’s not
just happening to us it’s happening to our children as well companies like
Facebook and YouTube know that children under 13 are using their sites and yet
they continue to target them and harvest their personal data this betrayal blurs
the lines between our public and private lives and violates our ability to
control what personal information we share and with whom we share it it has
to stop now last year we took the important and significant first step
with the passage of the California consumer Privacy Act as mentioned by the
Attorney General and this is groundbreaking legislation giving
Californians some controls over how our personal information is used but this
legislation only goes so far without adequate enforcement a right
without a remedy is no right at all this is why I’m standing here today with our
Attorney General Becerra to announce that I’ve introduced Senate bill 561 to
build upon the progress made last year when we passed this very significant
privacy legislation this measure SB 561 will provide our state’s top law
enforcement official with the tools necessary to enforce these important
privacy protections so that bad actors are held accountable for abusing the
personal privacy of millions Californians and I want to be clear this
is not an attack on our innovation economy I believe that innovation and
consumer privacy are compatible but up to this point far too many companies
have taken our fundamental right packaged it and sold it to the highest
bidder without our knowledge without our permission and without our consent SB
561 as was noted makes these three important changes it removes this owners
burden on the AG to provide legal advice and legal opinions directly to any
business or third party we’re not talking about a mom-and-pop shop we’re
talking about corporations that make billions and billions of dollars a year
and certainly have their own stable of legal opinions that they can draw upon
rather than to ask the taxpayer to render those legal opinions which is an
unnecessarily an unnecessary diversion of public funds and resources from the
critical role that our Attorney General has been given to enforce this law it
also removes the requirement to provide this 30-day notice before taking action
in other words catch me if you can and if you do I’ll comply with the law as
was pointed out once the horses have let the stable I left the stable you can’t
get them back and it is indeed a get-out-of-jail-free card for these bad
actors it also allows Californians whose rights have been violated under the
Privacy Act to seek justice you know our privacy has been taken from
us and it’s time we take it back and that is why we’re here today and that is
why I introduced SB 561 thank you

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