4 ms·

I can't help but notice in the bill itself there's no definition of what a data broker is. Does anyone know the legal definition in California? Do you have to b

I can't help but notice in the bill itself there's no definition of what a data broker is. Does anyone know the legal definition in California? Do you have to be an incorporated person to be a data broker or can human persons have this force applied to them as well? edit: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CIV&division=3.&title=1.81.48.&part=4.&chapter=&article= https://leginfo.legislature.ca.gov/faces/codes_displayText.x... "California's definition of a "data broker" is set out at Section 1798.99.80. (d) of California's Data Broker Law" It sounds like data broker has to be a "business" that collects information about someone they don't have a direct relationship to and sell that to a third party. This might still include sole proprietorship businesses but it sounds like normal non-incorporated human persons and personal websites wouldn't be forced to delete things. It's interesting to note that "Financial institutions" are given an exception from the "data broker" tag and regulations and can still do whatever they want.

JumpCrisscross 4y ago
> it sounds like normal non-incorporated human persons and personal websites wouldn't be forced to delete things Natural versus artificial person is probably irrelevant. (Sole proprietorship is a "normal non-incorproated human" doing business.) If your personal website is somehow collecting information from non-visitors and then selling it, that's a data broker. In practice, I can't see why or how that would accidentally occur.
- superkuh 4y ago
  I think your implicit assumption here is that all websites are businesses in some sense? But people often run websites that have no monetary transactions involved (except hosting, domain, etc costs). Since I'm one of these I worry about being forced to delete data just because some random persons who came to my metaphorical backyard BBQ didn't realize there was a metaphorical photographer there taking pictures. I get the spirit of the law and I'm glad incorporated entities will be regulated. I just anticipate substantial use of the 'Delete Act' for frivolous cases and malicious uses. Much like GDPR. With the good comes the bad.
  - JumpCrisscross 4y ago
    > your implicit assumption here is that all websites are businesses in some sense It's not. I'm saying it would be hard for a personal website to accidentally stumble into being a data broker.
  - bee_rider 4y ago
    It is hard to modify photos without ruining them. If someone’s data accidentally gets added to your site, why not just delete it?
  - breakingrules 4y ago
    [dead]
- r00fus 4y ago
  This makes sense. How would they regulate, for example, sales of ad targeting information (which might be very exact) based on said personal data?

JumpCrisscross 4y ago

> it sounds like normal non-incorporated human persons and personal websites wouldn't be forced to delete things Natural versus artificial person is probably irrelevant. (Sole proprietorship is a "normal non-incorproated human" doing business.) If your personal website is somehow collecting information from non-visitors and then selling it, that's a data broker. In practice, I can't see why or how that would accidentally occur.

superkuh 4y ago
I think your implicit assumption here is that all websites are businesses in some sense? But people often run websites that have no monetary transactions involved (except hosting, domain, etc costs). Since I'm one of these I worry about being forced to delete data just because some random persons who came to my metaphorical backyard BBQ didn't realize there was a metaphorical photographer there taking pictures. I get the spirit of the law and I'm glad incorporated entities will be regulated. I just anticipate substantial use of the 'Delete Act' for frivolous cases and malicious uses. Much like GDPR. With the good comes the bad.
- JumpCrisscross 4y ago
  > your implicit assumption here is that all websites are businesses in some sense It's not. I'm saying it would be hard for a personal website to accidentally stumble into being a data broker.
- bee_rider 4y ago
  It is hard to modify photos without ruining them. If someone’s data accidentally gets added to your site, why not just delete it?
- breakingrules 4y ago
  [dead]
r00fus 4y ago
This makes sense. How would they regulate, for example, sales of ad targeting information (which might be very exact) based on said personal data?