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California Today: The Fight Over a Landmark Digital Privacy Law The Fight Over a Landmark Digital Privacy Law
(about 4 hours later)
Good morning.Good morning.
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When California’s landmark data privacy law passed last year, it followed an improbable campaign by privacy activists, who struck a deal with legislators and business lobbyists to avoid a ballot initiative that could have ended with a more stringent law.When California’s landmark data privacy law passed last year, it followed an improbable campaign by privacy activists, who struck a deal with legislators and business lobbyists to avoid a ballot initiative that could have ended with a more stringent law.
The new law grants consumers the right to know what information companies are collecting about them, why they are collecting that data and with whom they are sharing it. It gives consumers the right to tell companies to delete their information as well as to not sell or share their data.The new law grants consumers the right to know what information companies are collecting about them, why they are collecting that data and with whom they are sharing it. It gives consumers the right to tell companies to delete their information as well as to not sell or share their data.
All this has set off a wide-ranging debate on whether to weaken or bolster the law, the California Consumer Privacy Act, before it takes effect in January.All this has set off a wide-ranging debate on whether to weaken or bolster the law, the California Consumer Privacy Act, before it takes effect in January.
There’s a bill that would carve out an exemption for businesses providing consumer data to government agencies. There are bills that would subtly change the law’s definition of the terms “deidentified” and “personal information.”There’s a bill that would carve out an exemption for businesses providing consumer data to government agencies. There are bills that would subtly change the law’s definition of the terms “deidentified” and “personal information.”
One legislator who’s been closely following the process is State Senator Hannah-Beth Jackson.One legislator who’s been closely following the process is State Senator Hannah-Beth Jackson.
Though her bill aiming to strengthen the power of the law was effectively killed for the year over concerns about the potential cost to businesses and courts, Ms. Jackson told me she’s not sitting out the rest of the fight.Though her bill aiming to strengthen the power of the law was effectively killed for the year over concerns about the potential cost to businesses and courts, Ms. Jackson told me she’s not sitting out the rest of the fight.
I asked Ms. Jackson, a Santa Barbara Democrat, about why she’s focusing on digital privacy and what’s next. Here’s our conversation, lightly edited and condensed:I asked Ms. Jackson, a Santa Barbara Democrat, about why she’s focusing on digital privacy and what’s next. Here’s our conversation, lightly edited and condensed:
Could you start by explaining what your bill would have done?Could you start by explaining what your bill would have done?
Right now, the only opportunity to sue under C.C.P.A. falls with the attorney general of the State of California. Meaning the attorney general becomes the attorney for 40 million people. That’s ridiculous.Right now, the only opportunity to sue under C.C.P.A. falls with the attorney general of the State of California. Meaning the attorney general becomes the attorney for 40 million people. That’s ridiculous.
And so my legislation would have put some real teeth into the enforcement mechanism by allowing individuals whose privacy is ignored or violated, or whose wishes are not honored, to be able to sue for those breaches of their privacy.And so my legislation would have put some real teeth into the enforcement mechanism by allowing individuals whose privacy is ignored or violated, or whose wishes are not honored, to be able to sue for those breaches of their privacy.
How would you respond to arguments that allowing anyone to sue over violations of the law would put a lot of extra burden on the court system or that it would cost too much?How would you respond to arguments that allowing anyone to sue over violations of the law would put a lot of extra burden on the court system or that it would cost too much?
People should be able to exercise their rights, and remember, privacy is a constitutional right.People should be able to exercise their rights, and remember, privacy is a constitutional right.
The court system itself has lots of protections against lawsuits that have no merit. They get thrown out right at the beginning. And no lawyer is going to bring a lawsuit where the potential damages are 50 cents. That’s just nonsense.The court system itself has lots of protections against lawsuits that have no merit. They get thrown out right at the beginning. And no lawyer is going to bring a lawsuit where the potential damages are 50 cents. That’s just nonsense.
What’s your plan now?What’s your plan now?
My only goal was to make the law enforceable — whatever that law is today. And I was told, “No, no, no. We made a deal last year; we have to stick to the deal.”My only goal was to make the law enforceable — whatever that law is today. And I was told, “No, no, no. We made a deal last year; we have to stick to the deal.”
So if my bill to try to make it enforceable failed because we have to stick to the deal that was made last year, efforts to undermine it, to give exclusions and exemptions — all sorts of excuses for not enforcing it — then those have to fail as well. We’ll be playing a little defense here so that we don’t end up with a bill that’s so weak it’s essentially nothing.So if my bill to try to make it enforceable failed because we have to stick to the deal that was made last year, efforts to undermine it, to give exclusions and exemptions — all sorts of excuses for not enforcing it — then those have to fail as well. We’ll be playing a little defense here so that we don’t end up with a bill that’s so weak it’s essentially nothing.
And it’s important, too, that we protect what we’ve got because a lot of states have looked to California.And it’s important, too, that we protect what we’ve got because a lot of states have looked to California.
We talked before about the idea of a data dividend, which Gov. Gavin Newsom floated earlier this year, and you said you weren’t in favor. Is that still your position?We talked before about the idea of a data dividend, which Gov. Gavin Newsom floated earlier this year, and you said you weren’t in favor. Is that still your position?
I think if we have fundamental rights, they should not be for sale. On the other hand, if the governor has a proposal that could protect our privacy rights, at the same time recognizing that some people may be willing to give them up in exchange for — I don’t know — 50 cents a month, I’m not going to say absolutely not. It’s a brave new world.I think if we have fundamental rights, they should not be for sale. On the other hand, if the governor has a proposal that could protect our privacy rights, at the same time recognizing that some people may be willing to give them up in exchange for — I don’t know — 50 cents a month, I’m not going to say absolutely not. It’s a brave new world.
[Read more about what a data dividend could mean for Californians.][Read more about what a data dividend could mean for Californians.]
My colleague Jose A. Del Real reported this week about farmworkers who grow the nation’s food, but don’t have clean water to drink when they get home.My colleague Jose A. Del Real reported this week about farmworkers who grow the nation’s food, but don’t have clean water to drink when they get home.
We want to know more about those communities. So if that’s where you live or where you grew up, email Jose at jose.delreal@nytimes.com. He wants to know where you’re from, what your family is like, what you spend money on, where you go to relax.We want to know more about those communities. So if that’s where you live or where you grew up, email Jose at jose.delreal@nytimes.com. He wants to know where you’re from, what your family is like, what you spend money on, where you go to relax.
(We often link to sites that limit access for nonsubscribers. We appreciate your reading Times coverage, but we also encourage you to support local news if you can.)(We often link to sites that limit access for nonsubscribers. We appreciate your reading Times coverage, but we also encourage you to support local news if you can.)
• California sued the Trump administration — again — over its move to cancel $1 billion in funding for the state’s high-speed rail project, saying it was political retribution for Gov. Gavin Newsom’s opposition to the border wall. [The Associated Press]• California sued the Trump administration — again — over its move to cancel $1 billion in funding for the state’s high-speed rail project, saying it was political retribution for Gov. Gavin Newsom’s opposition to the border wall. [The Associated Press]
• The state was also among two dozen other governments to sue the administration over its “conscience rule,” which would make it easier for health care providers to refuse to provide abortions on religious grounds. [Reuters]• The state was also among two dozen other governments to sue the administration over its “conscience rule,” which would make it easier for health care providers to refuse to provide abortions on religious grounds. [Reuters]
• President Trump picked Barbara Barrett, who spent almost five years as chairwoman of the El Segundo-based Aerospace Corporation, to be the next Air Force secretary. The move comes amid efforts to increase the military’s focus on threats in space. [The New York Times]• President Trump picked Barbara Barrett, who spent almost five years as chairwoman of the El Segundo-based Aerospace Corporation, to be the next Air Force secretary. The move comes amid efforts to increase the military’s focus on threats in space. [The New York Times]
• California, like the rest of the country, has a fast-growing elder care home sector. An investigation found the workers caring for older residents, though, are often living like indentured servants and are fearful of speaking up. [Reveal]• California, like the rest of the country, has a fast-growing elder care home sector. An investigation found the workers caring for older residents, though, are often living like indentured servants and are fearful of speaking up. [Reveal]
• The San Francisco journalist whose home was raided as part of an investigation into a leak of police documents related to the death of Jeff Adachi will get his property back. [The New York Times]• The San Francisco journalist whose home was raided as part of an investigation into a leak of police documents related to the death of Jeff Adachi will get his property back. [The New York Times]
• “This is a place none of us would have moved to. It’s Monaco.” Longtime residents of San Francisco continue to lament the vibrant city that’s been lost. But the wealth train keeps steamrollering neighborhoods and no one seems to have an idea how to stop it. [The Washington Post]• “This is a place none of us would have moved to. It’s Monaco.” Longtime residents of San Francisco continue to lament the vibrant city that’s been lost. But the wealth train keeps steamrollering neighborhoods and no one seems to have an idea how to stop it. [The Washington Post]
• To Hollywood’s Democratic donors, does Mayor Pete Buttigieg represent an art-house gamble or a box-office guarantee? Will they settle for Joe Biden? [Vanity Fair]• To Hollywood’s Democratic donors, does Mayor Pete Buttigieg represent an art-house gamble or a box-office guarantee? Will they settle for Joe Biden? [Vanity Fair]
• The Warriors swept the Blazers to reach their fifth N.B.A. finals earlier this week. Stephen Curry is in the swing of things — even if he can’t play golf, like he usually does on his off days. [The New York Times]• The Warriors swept the Blazers to reach their fifth N.B.A. finals earlier this week. Stephen Curry is in the swing of things — even if he can’t play golf, like he usually does on his off days. [The New York Times]
There are few more iconic images of L.A. than the 30-foot Randy’s Donuts doughnut, perched precariously, and yet so invitingly, atop the chain’s original Inglewood shop.There are few more iconic images of L.A. than the 30-foot Randy’s Donuts doughnut, perched precariously, and yet so invitingly, atop the chain’s original Inglewood shop.
Robert Downey Jr. lounges in its hole, munching on a doughnut in “Iron Man 2.” Naturally, it has a cameo in Randy Newman’s hair-tastic video for “I Love L.A.” And when the Rams went to the Super Bowl, Nike paid to paint the giant treat blue and gold.Robert Downey Jr. lounges in its hole, munching on a doughnut in “Iron Man 2.” Naturally, it has a cameo in Randy Newman’s hair-tastic video for “I Love L.A.” And when the Rams went to the Super Bowl, Nike paid to paint the giant treat blue and gold.
Now, imagine a giant Randy’s doughnut at Fisherman’s Wharf.Now, imagine a giant Randy’s doughnut at Fisherman’s Wharf.
The San Francisco Chronicle reports that the chain’s owner wants to open 50 to 75 more Randy’s Donuts in California, including 10 in the Bay Area, which he said has its fair share of artisanal doughnut shops, but fewer in the $2 range.The San Francisco Chronicle reports that the chain’s owner wants to open 50 to 75 more Randy’s Donuts in California, including 10 in the Bay Area, which he said has its fair share of artisanal doughnut shops, but fewer in the $2 range.
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Jill Cowan grew up in Orange County, went to school at U.C. Berkeley and has reported all over the state, including the Bay Area, Bakersfield and Los Angeles — but she always wants to see more. Follow along here or on Twitter, @jillcowan.Jill Cowan grew up in Orange County, went to school at U.C. Berkeley and has reported all over the state, including the Bay Area, Bakersfield and Los Angeles — but she always wants to see more. Follow along here or on Twitter, @jillcowan.
California Today is edited by Julie Bloom, who grew up in Los Angeles and graduated from U.C. Berkeley.California Today is edited by Julie Bloom, who grew up in Los Angeles and graduated from U.C. Berkeley.