Do you know about America’s new ‘GDPR’ law?

Posted on July 23, 2018 by Simon Williams

Well, California for now…

The law officially known as AB 375, was unanimously passed last month and will be enforceable from January 2020.

CCPA is largely based on GDPR and despite huge opposition from tech giants, it has found substantial support in California due to consistent large scale data misuse from the likes of Facebook, Equifax and many others.

Below are some of the rights consumers will have under the new law:

• Right to know all data collected by a business on you.
• Right to say NO to the sale of your information.
• Right to DELETE your data.
• Right to be informed of what categories of data will be collected about you prior to its collection, and to be informed of any changes to this collection.
• Mandated opt-in before sale of children’s information (under the age of 16).
• Right to know the categories of third parties with whom your data is shared.
• Right to know the categories of sources of information from whom your data was acquired.
• Right to know the business or commercial purpose of collecting your information.
• Enforcement by the Attorney General of the State of California.
• Private right of action when companies breach your data, to make sure these companies keep your information safe.

Do Americans need ‘GDPR’?

Yes they really, really do need it…In fact much more than we needed GDPR.

This chart shows just how much data is stolen in the US compared to other highly targeted countries.

What does this mean for America?

The final item on this list regarding ‘Private right of action’ could be a particular bone of contention given the hugely litigious culture in the USA.

The so-called ‘Ambulance Chasers’ may find themselves a lucrative new source of revenue!

With California now leading the way, all states will be forced to take a position on data privacy, even if that position is to do nothing.

The problem here is that in theory, if each state chooses different rules, you could end up with 50 different data privacy laws…

…Imagine 50 different variants of GDPR!

What does this mean for the UK?

It’s too early to say – At the very least, if you have clients in the US you will find yourself having to be aware of the applicable rules and any conflict with GDPR.

Stay tuned for more information!

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