The California State Legislature has passed Senate Bill 362 (“DELETE Act”) which which would allow consumers to have every “data broker” that collected their personal information to delete that information information with a single verifiable request. The bill now heads to California Governor Gavin Newsom for consideration.

Under Senate Bill 362 (“DELETE Act”), a “data broker” is defined as “a business that knowingly collects and sells to third parties the personal information of a consumer with whom the business does not have a direct relationship.” Under the Act, the definition of a “data broker” does NOT include any of the following:

• An entity to the extent that it is covered by the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.);
• An entity to the extent that it is covered by the Gramm-Leach-Bliley Act (Public Law 106-102 and implementing regulations); and
• An entity to the extent that it is covered by the Insurance Information and Privacy Protection Act (Article 6.6 (commencing with Section 791) of Chapter 1 of Part 2 of Division 1 of the Insurance Code).

The California Consumer Privacy Act of 2018 (CCPA) grants a consumer various rights with respect to personal information that is collected or sold by a business, including the right to request that a business delete personal information about the consumer that the business has collected from the consumer.

The California Privacy Rights Act of 2020 (CPRA) – which was approved by voters as Proposition...

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