California data privacy law could have sweeping effect on businesses - Dallas Business Journal

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California is taking the lead on data privacy — and experts say businesses around the nation need to be prepared for the fallout.

California and other states will implement new data privacy laws in 2023 that could have implications stretching far beyond their borders.Theand is expected to reshape the consumer and employee data privacy landscape across the country.

Per California's law, companies can only use consumer data for state purposes and can only keep that data as long as it states publicly, and prohibits companies from collecting more consumer information than necessary. It also gives consumers the right to correct personal information and limit precise geolocation.

She said the California law also set up a state-level privacy regulator. Before, privacy issues were handled at the state level by the attorney general, while California will now have a separate, dedicated office. She stressed California’s law does not include a private right to action, which means individuals cannot bring suits against companies they feel have violated the new law.

But overall it's clear that regulators are becoming more particular and are expanding the applicability of data privacy, Solomon said, especially as companies frequently misuse sensitive data or use opaque means to collect and store data — so-called “dark patterns” that, under the new law, could invalidate the consent the consumer originally gave.

Applying controls: Keep track of who has access to your data and make it available on a need-to-know basis. That means encryption, access control and privileges applied to locations that access personal data. If someone requests modification or deletion of their data, there needs to be a well-defined process for how that will work.

 

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