California's New DELETE Act Grants Residents Historic New Data Rights

In a key move to further expand consumer data rights, California Gov. Gavin Newson signed The Delete Act (S.B. 362) (the Act) into law on October 10, 2023. The Act amends California's data broker registration law (Cal. Civ. Code 1798.99.80 et. seq) to include new registration requirements and a singular mechanism for consumers to request that data brokers delete their personal information. Below we have outlined key provisions of the Act that data brokers should be aware of.

Scope. The current law applies to "data brokers," which are 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."¹ Current law exempts consumer reporting agencies subject to the Fair Credit Reporting Act (FCRA), financial institutions subject to the Gramm-Leach-Bliley Act (GLBA) and entities covered by the Insurance Information and Privacy Protection Act.² The Act amends the