Starting in 2020, consumers will have the power to find out what personal information companies are collecting on them, and to tell them to stop doing so, and to delete it.
That’s thanks to the California Consumer Privacy Act, or CCPA, which the American Bar Association calls “the most comprehensive privacy legislation in the United States.”
Because most companies will likely find it difficult to create a privacy framework just for California, the law is expected to affect the entire U.S.
The brainchild of real estate developer and privacy activist Alastair Mactaggart, the CCPA was signed into law by former Gov. Jerry Brown in June 2018.
The CCPA allows consumers to learn what information businesses are collecting about them, their devices and their children. This includes what categories of personal information they are selling, and to whom they are being sold to.
This covers an immense laundry list of personal information, ranging from name, email addresses, property records, online shopping activities, education and employment information.
The law also lets consumers opt out of the collection. In addition, the businesses are not allowed under the law to discriminate against consumers who opt out of the collection.
It prohibits businesses from selling the personal information of people under 16.
The law applies to companies with an annual gross revenue of $25 million; those that buy or sell the personal information of 50,000 or more consumers and those that get 50 percent or more of their income from selling consumers’ personal information.
Companies must include a “do not sell my data” link that must appear prominently at the bottom of the web page. Those that do not implement adequate security practices, and their customers’ personal information is stolen via a data breach can be sued.
Businesses that fail to comply face fines by the California Attorney General of $2,500 to $7,500 per violation.
In other lawmaking, Senate Bill 276 makes it harder for parents to get medical exemptions for mandatory vaccines by requiring the state Department of Public Health (DPH) to create a document that doctors would fill out if they want to issue a medical exemption.
They would then file the form back with the department, where public health officials would approve or deny the request. If denied, the physician could appeal the decision and offer more rationale for the exception.
The doctors would then file the form with the DPH, which now has the power to approve or deny the request.
Senator Richard Pan, D-Sacramento, who authored the bill, said the law was a way to stop “unscrupulous” doctors who were thought to be giving parents unnecessary exemptions. Doctors who apply for more than five exemptions face investigation by state officials.
Other laws taking effect Jan. 1:
GUNS
Assembly Bill 2888
This law expands the state’s ‘red flag’ law by allowing school administrators, teachers and employers to ask a judge to take away guns from people they believe poses a threat.
Assembly Bill 12
A judge can now extend a gun violence restraining order for up to five years, taking guns away from people thought to pose a significant danger to themselves or others.
Assembly Bill 164
Anyone banned in another state from having a gun now cannot have one in California.
Senate Bill 1100
Raises the purchase price of any gun to 21. The law allows exceptions for people 18 and older with a valid hunting permit. This law will almost certainly be challenged by gun-rights advocates.
WORKPLACE
Senate Bill 3
The minimum wage in California will go up to $13 per hour on Jan. 1. The bump is part of 2017’s Senate Bill 3, which mandates annual increases until 2022, when it raises the wage to $15 per hour for companies with 26 or more employees.
EDUCATION
Assembly Bill 1505
Gives school districts more power to deny charter schools in their jurisdiction, but requires stricter reasons for doing so.
Senate Bill 265
Prohibits schools from “shaming” students with unpaid school lunch fees, and requires them to provide the same meal their peers receive.
Senate Bill 419
Elementary and charter schools cannot suspend students from K-5 grades for “willful disobedience.” The law does not apply in cases of violence or weapons.
RENTERS
The new year will be a good one for renters, as Senate Bill 18 requires 90 days’ notice for evictions from foreclosed properties, Assembly Bill 1482 limits rent increases to 5 percent per year and Senate Bill 329 prohibits landlords from rejecting tenants because they have a Section 8 voucher.
Lawmakers also crafted, and Gov. Newsom signed several bills making accessory dwelling units—also known as granny units—easier to build and to occupy.
CRIMINAL JUSTICE
Assembly Bill 392
This law redefines the circumstances under which police officers can use deadly force. In effect, AB 392 states that officers may use deadly force only when “necessary” to “defend against an imminent threat of death or serious bodily injury to the officer or to another person, or to apprehend a fleeing person for a felony that threatened or resulted in death or serious bodily injury.”
Assembly Bill 218
Extends the time a victim can report sexual abuse until age 40.
Senate Bill 8
Smoking in state parks and beaches is now banned under this law, which imposes a $25 fine for anyone caught lighting up.
