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ARTICLE · 10 SEPTEMBER 2019

Calif. AG Must Clarify Consumer Privacy Act Right Of Access

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The California Consumer Privacy Act, set to become effective in January 2020, will introduce a powerful new set of rights for California

United StatesPrivacy

The California Consumer Privacy Act, set to become effective in January 2020, will introduce a powerful new set of rights for California consumers — broad and inalienable rights to control the sharing, disposition, retention and use of their data. The central premise of the new law is that all consumers have an inalienable right, rooted in Article I, Section 1 of the California Constitution, to reclaim and/or demand deletion of personal information from businesses covered by the new law.

That these rights are "inalienable" means that they can't be forfeited by waiver, or even by sale. Central to this new set of rights is the right of access — the right of a consumer to demand that a business disclose select information about data collected from the consumer, including the "specific pieces" of personal information collected from that consumer, in the year preceding the request. This right, in the overall context of the new statute as written, raises serious questions

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