Technology & Privacy
Data Centers: State Policy Hotspots
October 7, 2024 | Bill Kramer
November 14, 2024 | Max Rieper
Key Takeaways:
The California Legislature wrapped up the regular session at the end of August, and Gov. Gavin Newsom (D) had until the end of September to sign or veto any bills sent to his desk.
The state was the first in the country to pass landmark comprehensive privacy legislation in 2018, but that hasn't stopped lawmakers from continuing to pass measures addressing consumer privacy. Here are some of the bills that will go into law:
AB 1008 would amend the state's privacy law definition for "personal information" to include information in digital abstract format, including "compressed or encrypted files, metadata, or artificial intelligence systems that are capable of outputting personal information."
AB 1824 requires businesses to comply with a consumer's opt-out direction even after the data has been transferred after a merger, acquisition, or bankruptcy.
SB 1223 would make California the second state to protect a consumer’s neural data, after Colorado passed a similar measure earlier this year. The law would include neural data under the definition of "sensitive personal information" under the privacy law, requiring consent before collection and use for certain processes.
AB 801 would require operators that provide online resources for schools to delete covered information if requested by the student or student's parent and the student is no longer enrolled in the school. However, the law exempts national assessment providers in regards to standardized tests from deletion provisions.
Notably, Gov. Newsom vetoed AB 1949, which would have prohibited the sale, sharing, or disclosure of a minor's personal information unless consent was obtained. Newsom expressed concerns about requiring businesses to distinguish between adults and minors that could have had "unanticipated" results.
He also vetoed AB 3048 which would have required browsers and mobile operating systems to include a setting to allow a consumer to send a preference signal to opt out of having their information sold and to limit use of sensitive personal information. Newsom's veto message raised concerns that no mobile operating systems currently have such a setting, and offered that developers are better equipped than regulators to address design questions.
Tech policy impacts nearly every company, and state policymakers are becoming increasingly active in this space. MultiState’s team understands the issues, knows the key players and organizations, and we harness that expertise to help our clients effectively navigate and engage on their policy priorities. We offer customized strategic solutions to help you develop and execute a proactive multistate agenda focused on your company’s goals. Learn more about our Tech Policy Practice.
October 7, 2024 | Bill Kramer
August 29, 2024 | Max Rieper
May 24, 2024 | Bill Kramer