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The California Privacy Rights Act of 2020 (CPRA), also known as Proposition 24, is a California ballot proposition that was approved by a majority of voters after appearing on the ballot for the general election on November 3, 2020. [1] [2] [3] This proposition expands California's consumer privacy law and builds upon the California Consumer Privacy Act (CCPA) of 2018, which established a foundation for consumer privacy regulations. [4]
The proposition enshrines more provisions in California state law, allowing consumers to prevent businesses from sharing their personal data, correct inaccurate personal data, and limit businesses' usage of "sensitive personal information", which includes precise geolocation, race, ethnicity, religion, genetic data, private communications, sexual orientation, and specified health information. The Act creates the California Privacy Protection Agency as a dedicated agency to implement and enforce state privacy laws, investigate violations, and assess penalties of violators. [5] The Act also removes the set time period in which businesses can correct violations without penalty, prohibits businesses from holding onto personal data for longer than necessary, triples the maximum fines for violations involving children under the age of 16 (up to $7,500), and authorizes civil penalties for the theft of specified login information. [6] [7]
The California Privacy Rights Act took effect on January 1, 2023, applying to personal data collected on or after January 1, 2022. [8] The law cannot be repealed by the state legislature, and any amendments made by the legislature must be “consistent with and further the purpose and intent” of the Act. [9]
The initiative represents an expansion of provisions first laid out by the California Consumer Privacy Act. In addition to the consumer protections, the proposition creates the California Privacy Protection Agency. [4] The agency will share consumer privacy oversight and enforcement duties with the California Department of Justice. [4] Another effect of the initiative is requiring businesses to obtain permission from consumers younger than 16 before collecting their data and permission from a parent or guardian before collecting data from consumers younger than 13. [10]
The intentions of the Act are to provide California residents with the right to:
Poll source | Date(s) administered | Sample size [lower-alpha 1] | Margin of error | For Proposition 24 | Against Proposition 24 | Undecided |
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Goodwin Simon Strategic Research/YES on Prop 24 [upper-alpha 1] | September 29 – October 5, 2020 | 750 (LV) | – | 77% | 11% | 12% |
Redfield & Wilton Strategies | September 19–21, 2020 | 1,915 (LV) | – | 60% | 17% | 23% |
Goodwin Simon Strategic Research/YES on Prop 24 [upper-alpha 1] | July 26–31, 2020 | – (V) [lower-alpha 2] | – | 81% | 11% | 8% |
The proposition passed with roughly 55% of California voters voting in favor of the measure. [11]
Civil liberties in the United States are certain unalienable rights retained by citizens of the United States under the Constitution of the United States, as interpreted and clarified by the Supreme Court of the United States and lower federal courts. Civil liberties are simply defined as individual legal and constitutional protections from entities more powerful than an individual, for example, parts of the government, other individuals, or corporations. The explicitly defined liberties make up the Bill of Rights, including freedom of speech, the right to bear arms, and the right to privacy. There are also many liberties of people not defined in the Constitution, as stated in the Ninth Amendment: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
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Do Not Track legislation protects Internet users' right to choose whether or not they want to be tracked by third-party websites. It has been called the online version of "Do Not Call". This type of legislation is supported by privacy advocates and opposed by advertisers and services that use tracking information to personalize web content. Do Not Track (DNT) is a formerly official HTTP header field, designed to allow internet users to opt-out of tracking by websites—which includes the collection of data regarding a user's activity across multiple distinct contexts, and the retention, use, or sharing of that data outside its context. Efforts to standardize Do Not Track by the World Wide Web Consortium did not reach their goal and ended in September 2018 due to insufficient deployment and support.
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