"“I'm not a data broker” - that's probably what a lot of you in this room think,” said Tony Ficarrotta, VP and general counsel of the Network Advertising Initiative, addressing a small group of in-house counsel and privacy attorneys at an event hosted by law firm Frankfurt Kurnit in New York City earlier this week. “But you should really double check and make sure that's true,” Ficarrotta said. Because being wrong is about to get quite expensive."
"On August 1, California's Delete Act deadline kicks in for data brokers, backed by DROP, the state's new one-stop Delete Request and Opt-Out Platform. Through the new platform, California residents can send a single request to all registered data brokers to delete their data, and the clock starts ticking on penalties if those requests aren't honored. Data brokers will be required to check the DROP platform at least every 45 days and process deletion requests within 90 days."
"Failure to comply carries fines of $200 per request per day - and man, that could really add up quickly. In late March, Tom Kemp, executive director of CalPrivacy, California's privacy protection agency, told another room of ad tech lawyers and vendors at the IAB's Public Policy and Legal Summit in Washington, DC, that nearly 270,000 Californians had already signed up for DROP. Nearly two months have gone by since then, so let's say that number has ticked up a bit and is now perhaps closer to 300,000."
"“Multiply that by 200,” Ficarrotta said, “and then multiply that by each day you fail to honor a consumer's deletion request - those are very large fine amounts.” With that math, there could theoretically be a $600 million fine for failing to honor the first large wave of deletion request for just 10 days. “Do I think CalPrivacy will fine somebody $600 million? No. But there's no 'u"
A company may believe it is not a data broker, but regulators may disagree. California’s Delete Act takes effect for data brokers on August 1, supported by DROP, the state’s one-stop Delete Request and Opt-Out Platform. California residents can submit a single request through DROP to all registered data brokers to delete their data. Data brokers must check the DROP platform at least every 45 days and process deletion requests within 90 days. Noncompliance triggers fines of $200 per request per day, which can accumulate quickly as request volumes rise. DROP signups have already reached hundreds of thousands, increasing the potential exposure for missed or delayed deletion requests.
#california-delete-act #drop-platform #data-broker-compliance #privacy-regulation-penalties #consumer-deletion-requests
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