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40 million Americans are now entitled to more protection of their data on the Internet. So you can benefit

2020-01-01T11:50:08.816Z


California starts 2020 with a new law that guarantees more digital privacy. But users must take the initiative to take advantage of it. And it won't be easy for everyone


The almost 40 million Californians start 2020 with digital privacy rights without a background in the United States, thanks to a state law in force as of Wednesday that offers them more protection of personal data disseminated on the Internet.

Because it applies to any company that meets a threshold to interact in California, the standard may end up serving as a de facto national standard .

However, for these users to benefit from the new rule, they should not mind loading with much of the effort necessary to exercise them. Find out how you can get them if you live in that state.

Right to review and delete information collected by companies

The new law gives Californians, who roughly represent a tenth of Americans, the power to review personal information collected by large companies around the world, from purchase histories and location tracking to compiled "profiles" that rank people in categories such as religion, ethnicity and sexual orientation.

It also allows them to force these companies, including banks, retailers and, of course, technology companies, to stop selling that information or even eliminate it in mass.

The law defines data sales so broadly that it covers almost any exchange of information that provides a benefit to businesses. This spectrum includes data transfers between corporate subsidiaries and with intermediaries that exchange personal information.

California can fine companies with up to $ 7,500 for each violation of the law.

Unclear aspects

On the other hand, it remains to be seen how it will affect the targeted advertising business, in which companies such as Facebook accumulate a large amount 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.

The rule, formally known as the California Consumer Privacy Act, (CCPA) seems to create legal challenges , some of which could raise constitutional objections about its wide scope.

In addition, the law has many exceptions that could convert some apparently broad protections into thick sieves. Another aspect to consider is that it affects only the information collected by companies, not by the Government .

The citizen will have to take the initiative. And it won't be easy

For the law to be effective, beneficiary citizens must take the initiative to opt out of the sale of personal data, request their own information and request damages in case of data breach.

This makes Californians largely alone to discover how to make use of their new rights. "If you're not even reading the privacy agreements you're signing, are you really going to request your data?" Asks Margot Kaminski, associate professor of law at the University of Colorado, who studies law and technology. "Will you understand it? Or will you examine it when you understand it?"

There is another aspect to keep in mind, and that is that state residents who make that effort to take advantage of the new protections, but discover that companies reject their requests or offer only incomplete answers, will not be able to legally appeal immediately . The state attorney general will not be entitled to act until six months after the law takes effect.

Impacts for companies

The law does not really prevent companies from collecting personal information or limit the way they store it. Therefore, if a customer has asked a company to delete their data but then has done business with it again, they can start collecting their information again in the absence of an explicit prohibition.

But users can know in detail what categories of information a company has, recalls Mary Stone Ross, incoming associate director of the Electronic Privacy Information Center.

For that reason, the biggest impact of the standard law may be how it forces companies to track what data they have, where they keep it and how to take it to people when requested, adds Jen King, director of consumer privacy at the Stanford Law School Center.

That effort alone, which can be substantial, could cause corporations to reconsider the amount of data they choose to keep, says The Associated Press . On the other hand, it can also lead to some unwanted consequences and even corporate attempts to discourage people from using the law, he adds.

Another aspect to take into account is that the charges for fines violations could be quickly accumulated depending on how many people are affected.

More privacy for children

The law offers stronger protection for children, since, for example, it prohibits the sale of data from children under 16 without consent.

See also: Three steps to protect your personal data

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Source: telemundo

All news articles on 2020-01-01

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