Section § 1798.99

Explanation

This law section defines certain terms used in the title. Specifically, it outlines what a 'data broker' is, describing them as businesses that collect and sell personal information without a direct relationship with the consumer. It also specifies that several entities, such as those covered by certain federal acts like the Fair Credit Reporting Act, are not considered 'data brokers.' Additionally, the terms from another law section will apply unless stated otherwise here, and 'authorized agent' references a specific regulatory definition.

For purposes of this title:
(a)CA Civil Law Code § 1798.99(a) The definitions in Section 1798.140 shall apply unless otherwise specified in this title.
(b)CA Civil Law Code § 1798.99(b) “Authorized agent” has the same meaning as used in Chapter 1 (commencing with Section 7000) of Division 6 of Title 11 of the California Code of Regulations.
(c)CA Civil Law Code § 1798.99(c) “Data broker” means 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. “Data broker” does not include any of the following:
(1)CA Civil Law Code § 1798.99(c)(1) An entity to the extent that it is covered by the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.).
(2)CA Civil Law Code § 1798.99(c)(2) An entity to the extent that it is covered by the Gramm-Leach-Bliley Act (Public Law 106-102) and implementing regulations.
(3)CA Civil Law Code § 1798.99(c)(3) An entity to the extent that it is covered by the Insurance Information and Privacy Protection Act (Article 6.6 (commencing with Section 791) of Chapter 1 of Part 2 of Division 1 of the Insurance Code).
(4)CA Civil Law Code § 1798.99(c)(4) An entity, or a business associate of a covered entity, to the extent their processing of personal information is exempt under Section 1798.146. For purposes of this paragraph, “business associate” and “covered entity” have the same meanings as defined in Section 1798.146.

Section § 1798.99

Explanation

This law section creates a special fund called the “Data Brokers’ Registry Fund” to handle money collected by California's Privacy Protection Agency and the Department of Justice. This money will be used to cover the costs of setting up and running a website about data brokers, enforcing the rules, and managing a system that lets people delete their data, all under the permission of the state legislature.

A fund to be known as the “Data Brokers’ Registry Fund” is hereby created within the State Treasury. The fund shall be administered by the California Privacy Protection Agency. All moneys collected or received by the California Privacy Protection Agency and the Department of Justice under this title shall be deposited into the Data Brokers’ Registry Fund, to be available for expenditure by the California Privacy Protection Agency, upon appropriation by the Legislature, to offset all of the following costs:
(a)CA Civil Law Code § 1798.99(a) The reasonable costs of establishing and maintaining the informational internet website described in Section 1798.99.84.
(b)CA Civil Law Code § 1798.99(b) The costs incurred by the state courts and the California Privacy Protection Agency in connection with enforcing this title, as specified in Section 1798.99.82.
(c)CA Civil Law Code § 1798.99(c) The reasonable costs of establishing, maintaining, and providing access to the accessible deletion mechanism described in Section 1798.99.86.

Section § 1798.99

Explanation

This section outlines the requirements for businesses that qualify as data brokers to register annually with the California Privacy Protection Agency. They must provide specific information, such as their name, contact details, and whether they collect certain types of personal information. Data brokers also need to disclose if they undergo audits, offer a way for consumers to exercise privacy rights, and avoid using 'dark patterns'—tricks that mislead users. Failing to register results in daily fines and other penalties. The law ensures that registration fees and penalties support the regulation costs.

(a)CA Civil Law Code § 1798.99(a) On or before January 31 following each year in which a business meets the definition of data broker as provided in this title, the business shall register with the California Privacy Protection Agency pursuant to the requirements of this section.
(b)CA Civil Law Code § 1798.99(b) In registering with the California Privacy Protection Agency, as described in subdivision (a), a data broker shall do all of the following:
(1)CA Civil Law Code § 1798.99(b)(1) Pay a registration fee in an amount determined by the California Privacy Protection Agency, not to exceed the reasonable costs of establishing and maintaining the informational internet website described in Section 1798.99.84 and the reasonable costs of establishing, maintaining, and providing access to the accessible deletion mechanism described in Section 1798.99.86. Registration fees shall be deposited in the Data Brokers’ Registry Fund, created within the State Treasury pursuant to Section 1798.99.81, and used for the purposes outlined in this paragraph.
(2)CA Civil Law Code § 1798.99(b)(2) Provide the following information:
(A)CA Civil Law Code § 1798.99(b)(2)(A) The name of the data broker and its primary physical, email, and internet website addresses.
(B)CA Civil Law Code § 1798.99(b)(2)(B) The metrics compiled pursuant to paragraphs (1) and (2) of subdivision (a) of Section 1798.99.85.
(C)CA Civil Law Code § 1798.99(b)(2)(C) Whether the data broker collects the personal information of minors.
(D)CA Civil Law Code § 1798.99(b)(2)(D) Whether the data broker collects consumers’ precise geolocation.
(E)CA Civil Law Code § 1798.99(b)(2)(E) Whether the data broker collects consumers’ reproductive health care data.
(F)CA Civil Law Code § 1798.99(b)(2)(F) Beginning January 1, 2029, whether the data broker has undergone an audit as described in subdivision (e) of Section 1798.99.86, and, if so, the most recent year that the data broker has submitted a report resulting from the audit and any related materials to the California Privacy Protection Agency.
(G)CA Civil Law Code § 1798.99(b)(2)(G) A link to a page on the data broker’s internet website that does both of the following:
(i)CA Civil Law Code § 1798.99(b)(2)(G)(i) Details how consumers may exercise their privacy rights by doing all of the following:
(I)CA Civil Law Code § 1798.99(b)(2)(G)(i)(I) Deleting personal information, as described in Section 1798.105.
(II) Correcting inaccurate personal information, as described in Section 1798.106.
(III) Learning what personal information is being collected and how to access that personal information, as described in Section 1798.110.
(IV) Learning what personal information is being sold or shared and to whom, as described in Section 1798.115.
(V)CA Civil Law Code § 1798.99(b)(2)(G)(i)(V) Learning how to opt out of the sale or sharing of personal information, as described in Section 1798.120.
(VI) Learning how to limit the use and disclosure of sensitive personal information, as described in Section 1798.121.
(ii)CA Civil Law Code § 1798.99(b)(2)(G)(ii) Does not make use of any dark patterns.
(H)CA Civil Law Code § 1798.99(b)(2)(H) Whether and to what extent the data broker or any of its subsidiaries is regulated by any of the following:
(i)CA Civil Law Code § 1798.99(b)(2)(H)(i) The federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.).
(ii)CA Civil Law Code § 1798.99(b)(2)(H)(ii) The Gramm-Leach-Bliley Act (Public Law 106-102) and implementing regulations.
(iii)CA Civil Law Code § 1798.99(b)(2)(H)(iii) The Insurance Information and Privacy Protection Act (Article 6.6 (commencing with Section 791) of Chapter 1 of Part 2 of Division 1 of the Insurance Code).
(iv)CA Civil Law Code § 1798.99(b)(2)(H)(iv) The Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1) or the privacy, security, and breach notification rules issued by the United States Department of Health and Human Services, Parts 160 and 164 of Title 45 of the Code of Federal Regulations, established pursuant to the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).
(I)CA Civil Law Code § 1798.99(b)(2)(I) Any additional information or explanation the data broker chooses to provide concerning its data collection practices.
(c)CA Civil Law Code § 1798.99(c) A data broker that fails to register as required by this section is liable for administrative fines and costs in an administrative action brought by the California Privacy Protection Agency as follows:
(1)CA Civil Law Code § 1798.99(c)(1) An administrative fine of two hundred dollars ($200) for each day the data broker fails to register as required by this section.
(2)CA Civil Law Code § 1798.99(c)(2) An amount equal to the fees that were due during the period it failed to register.
(3)CA Civil Law Code § 1798.99(c)(3) Expenses incurred by the California Privacy Protection Agency in the investigation and administration of the action as the court deems appropriate.
(d)CA Civil Law Code § 1798.99(d) A data broker required to register under this title that fails to comply with the requirements of Section 1798.99.86 is liable for administrative fines and costs in an administrative action brought by the California Privacy Protection Agency as follows:
(1)CA Civil Law Code § 1798.99(d)(1) An administrative fine of two hundred dollars ($200) for each deletion request for each day the data broker fails to delete information as required by Section 1798.99.86.
(2)CA Civil Law Code § 1798.99(d)(2) Reasonable expenses incurred by the California Privacy Protection Agency in the investigation and administration of the action.
(e)CA Civil Law Code § 1798.99(e) Any penalties, fines, fees, and expenses recovered in an action prosecuted under subdivision (c) or (d) shall be deposited in the Data Brokers’ Registry Fund, created within the State Treasury pursuant to Section 1798.99.81, with the intent that they be used to fully offset costs incurred by the state courts and the California Privacy Protection Agency in connection with this title.

Section § 1798.99

Explanation

The California Privacy Protection Agency is required to set up a public webpage where people can access the registration details of data brokers and find a way to request the deletion of their data.

The California Privacy Protection Agency shall create a page on its internet website where the registration information provided by data brokers described in paragraph (2) of subdivision (b) of Section 1798.99.82 and the accessible deletion mechanism described in Section 1798.99.86 shall be accessible to the public.

Section § 1798.99

Explanation

This law requires businesses that qualify as data brokers to compile reports on how many data requests they received, how they responded to them, and how quickly they responded. They need to include these details in their online privacy policy. The reports must break down requests they denied and explain why, such as if a request was unverifiable or involved information exempt from deletion. They also have to specify, for certain legal exemptions, when they did not delete data in response to a request.

(a)CA Civil Law Code § 1798.99(a) On or before July 1 following each calendar year in which a business meets the definition of a data broker as provided in this title, the business shall do all of the following:
(1)CA Civil Law Code § 1798.99(a)(1) Compile the number of requests pursuant to subdivision (c) of Section 1798.99.86 and Sections 1798.105, 1798.110, 1798.115, 1798.120, and 1798.121 that the data broker received, complied with in whole or in part, and denied during the previous calendar year.
(2)CA Civil Law Code § 1798.99(a)(2) Compile the median and the mean number of days within which the data broker substantively responded to requests pursuant to subdivision (c) of Section 1798.99.86 and Sections 1798.105, 1798.110, 1798.115, 1798.120, and 1798.121 that the data broker received during the previous calendar year.
(3)CA Civil Law Code § 1798.99(a)(3) Disclose the metrics compiled pursuant to paragraphs (1) and (2) within the data broker’s privacy policy posted on their internet website and accessible from a link included in the data broker’s privacy policy.
(b)CA Civil Law Code § 1798.99(b) In its disclosure pursuant to paragraph (3) of subdivision (a) regarding requests made pursuant to subdivision (c) of Section 1798.99.86, a data broker shall disclose the number of requests that the data broker denied in whole or in part because of any of the following:
(1)CA Civil Law Code § 1798.99(b)(1) The request was not verifiable.
(2)CA Civil Law Code § 1798.99(b)(2) The request was not made by a consumer.
(3)CA Civil Law Code § 1798.99(b)(3) The request called for information exempt from deletion.
(4)CA Civil Law Code § 1798.99(b)(4) The request was denied on other grounds.
(c)CA Civil Law Code § 1798.99(c) In its disclosure pursuant to paragraph (3) of subdivision (a), a data broker shall, for each provision of Section 1798.145 or 1798.146 under which deletion was not required, specify the number of requests in which deletion was not required in whole, or in part, under that provision.

Section § 1798.99

Explanation

Starting January 1, 2026, the California Privacy Protection Agency needs to set up a system that makes it easy for people to request the deletion of their personal data from data brokers. This system must keep the data secure, allow consumers to request deletions from multiple brokers with one request, and let them track and change their requests. It should be accessible to all, including in different languages and for people with disabilities.

Data brokers must check this system every 45 days starting August 1, 2026, to process deletion requests and stop selling any new personal information unless the consumer agrees otherwise. They don’t have to delete data if they need it for specific legal reasons. Additionally, from 2028, brokers have to undergo audits every three years to verify compliance, and they might have to pay a fee to access this deletion system.

(a)CA Civil Law Code § 1798.99(a) By January 1, 2026, the California Privacy Protection Agency shall establish an accessible deletion mechanism that does all of the following:
(1)CA Civil Law Code § 1798.99(a)(1) Implements and maintains reasonable security procedures and practices, including, but not limited to, administrative, physical, and technical safeguards appropriate to the nature of the information and the purposes for which the personal information will be used and to protect consumers’ personal information from unauthorized use, disclosure, access, destruction, or modification.
(2)CA Civil Law Code § 1798.99(a)(2) Allows a consumer, through a single verifiable consumer request, to request that every data broker that maintains any personal information delete any personal information related to that consumer held by the data broker or associated service provider or contractor.
(3)CA Civil Law Code § 1798.99(a)(3) Allows a consumer to selectively exclude specific data brokers from a request made under paragraph (2).
(4)CA Civil Law Code § 1798.99(a)(4) Allows a consumer to make a request to alter a previous request made under this subdivision after at least 45 days have passed since the consumer last made a request under this subdivision.
(b)CA Civil Law Code § 1798.99(b) The accessible deletion mechanism established pursuant to subdivision (a) shall meet all of the following requirements:
(1)CA Civil Law Code § 1798.99(b)(1) The accessible deletion mechanism shall allow a consumer to request the deletion of all personal information related to that consumer through a single deletion request.
(2)CA Civil Law Code § 1798.99(b)(2) The accessible deletion mechanism shall permit a consumer to securely submit information in one or more privacy-protecting ways determined by the California Privacy Protection Agency to aid in the deletion request.
(3)CA Civil Law Code § 1798.99(b)(3) The accessible deletion mechanism shall allow data brokers registered with the California Privacy Protection Agency to determine whether an individual has submitted a verifiable consumer request to delete the personal information related to that consumer as described in paragraph (1) and shall not allow the disclosure of any additional personal information when the data broker accesses the accessible deletion mechanism unless otherwise specified in this title.
(4)CA Civil Law Code § 1798.99(b)(4) The accessible deletion mechanism shall allow a consumer to make a request described in paragraph (1) using an internet service operated by the California Privacy Protection Agency.
(5)CA Civil Law Code § 1798.99(b)(5) The accessible deletion mechanism shall not charge a consumer to make a request described in paragraph (1).
(6)CA Civil Law Code § 1798.99(b)(6) The accessible deletion mechanism shall allow a consumer to make a request described in paragraph (1) in any language spoken by any consumer for whom personal information has been collected by data brokers.
(7)CA Civil Law Code § 1798.99(b)(7) The accessible deletion mechanism shall be readily accessible and usable by consumers with disabilities.
(8)CA Civil Law Code § 1798.99(b)(8) The accessible deletion mechanism shall support the ability of a consumer’s authorized agents to aid in the deletion request.
(9)CA Civil Law Code § 1798.99(b)(9) The accessible deletion mechanism shall allow the consumer, or their authorized agent, to verify the status of the consumer’s deletion request.
(10)CA Civil Law Code § 1798.99(b)(10) The accessible deletion mechanism shall provide a description of all of the following:
(A)CA Civil Law Code § 1798.99(b)(10)(A) The deletion permitted by this section, including, but not limited to, the actions required by subdivisions (c) and (d).
(B)CA Civil Law Code § 1798.99(b)(10)(B) The process for submitting a deletion request pursuant to this section.
(C)CA Civil Law Code § 1798.99(b)(10)(C) Examples of the types of information that may be deleted.
(c)Copy CA Civil Law Code § 1798.99(c)
(1)Copy CA Civil Law Code § 1798.99(c)(1) Beginning August 1, 2026, a data broker shall access the accessible deletion mechanism established pursuant to subdivision (a) at least once every 45 days and do all of the following:
(A)CA Civil Law Code § 1798.99(c)(1)(A) Within 45 days after receiving a request made pursuant to this section, process all deletion requests made pursuant to this section and delete all personal information related to the consumers making the requests consistent with the requirements of this section.
(B)CA Civil Law Code § 1798.99(c)(1)(B) In cases where a data broker denies a consumer request to delete under this title because the request cannot be verified, process the request as an opt-out of the sale or sharing of the consumer’s personal information, as provided for under Section 1798.120 and limited by Sections 1798.105, 1798.145, and 1798.146.
(C)CA Civil Law Code § 1798.99(c)(1)(C) Direct all service providers or contractors associated with the data broker to delete all personal information in their possession related to the consumers making the requests described in subparagraph (A).
(D)CA Civil Law Code § 1798.99(c)(1)(D) Direct all service providers or contractors associated with the data broker to process a request described by subparagraph (B) as an opt-out of the sale or sharing of the consumer’s personal information, as provided for under Section 1798.120 and limited by Sections 1798.105, 1798.145, and 1798.146.
(2)CA Civil Law Code § 1798.99(c)(2) Notwithstanding paragraph (1), a data broker shall not be required to delete a consumer’s personal information if either of the following apply:
(A)CA Civil Law Code § 1798.99(c)(2)(A) It is reasonably necessary for the data broker to maintain the personal information to fulfill a purpose described in subdivision (d) of Section 1798.105.
(B)CA Civil Law Code § 1798.99(c)(2)(B) The deletion is not required pursuant to Section 1798.145 or 1798.146.
(3)CA Civil Law Code § 1798.99(c)(3) Personal information described in paragraph (2) shall only be used for the purposes described in paragraph (2) and shall not be used or disclosed for any other purpose, including, but not limited to, marketing purposes.
(d)Copy CA Civil Law Code § 1798.99(d)
(1)Copy CA Civil Law Code § 1798.99(d)(1) Beginning August 1, 2026, after a consumer has submitted a deletion request and a data broker has deleted the consumer’s data pursuant to this section, the data broker shall delete all personal information of the consumer at least once every 45 days pursuant to this section unless the consumer requests otherwise or the deletion is not required pursuant to paragraph (2) of subdivision (c).
(2)CA Civil Law Code § 1798.99(d)(2) Beginning August 1, 2026, after a consumer has submitted a deletion request and a data broker has deleted the consumer’s data pursuant to this section, the data broker shall not sell or share new personal information of the consumer unless the consumer requests otherwise or selling or sharing the personal information is permitted under Section 1798.145 or 1798.146.
(e)Copy CA Civil Law Code § 1798.99(e)
(1)Copy CA Civil Law Code § 1798.99(e)(1) Beginning January 1, 2028, and every three years thereafter, a data broker shall undergo an audit by an independent third party to determine compliance with this section.
(2)CA Civil Law Code § 1798.99(e)(2) For an audit completed pursuant to paragraph (1), the data broker shall submit a report resulting from the audit and any related materials to the California Privacy Protection Agency within five business days of a written request from the California Privacy Protection Agency.
(3)CA Civil Law Code § 1798.99(e)(3) A data broker shall maintain the report and materials described in paragraph (2) for at least six years.
(f)Copy CA Civil Law Code § 1798.99(f)
(1)Copy CA Civil Law Code § 1798.99(f)(1) The California Privacy Protection Agency may charge an access fee to a data broker when the data broker accesses the accessible deletion mechanism pursuant to subdivision (c) that does not exceed the reasonable costs of providing that access.
(2)CA Civil Law Code § 1798.99(f)(2) A fee collected by the California Privacy Protection Agency pursuant to paragraph (1) shall be deposited in the Data Brokers’ Registry Fund.

Section § 1798.99

Explanation

This law allows the California Privacy Protection Agency to create rules to implement privacy laws, following a specific process called the Administrative Procedure Act. However, if the agency wants to set fees under these privacy laws, it can do so without following that usual process.

(a)CA Civil Law Code § 1798.99(a) Except as provided in subdivision (b), the California Privacy Protection Agency may adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) to implement and administer this title.
(b)CA Civil Law Code § 1798.99(b) Notwithstanding subdivision (a), any regulation adopted by the California Privacy Protection Agency to establish fees authorized by this title shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

Section § 1798.99

Explanation
This law states that nothing in this specific title should be interpreted to override or disrupt the California Consumer Privacy Act of 2018, meaning that the rules in this section must work alongside the established consumer privacy rules without conflicting with them.
Nothing in this title shall be construed to supersede or interfere with the operation of the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100)).

Section § 1798.99

Explanation

This law says that if someone wants to take administrative action (like a lawsuit or complaint) claiming a violation of rules under this title, they must start the process within five years from when the violation happened.

No administrative action brought pursuant to this title alleging a violation of any of the provisions of this title shall be commenced more than five years after the date on which the violation occurred.