Industry Threatens To Neuter CCPA

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A California state senator representing the Hayward-Fremont-Milpitas area is saying he will sink a bill (Senate Bill 561) that gives Californians the right to sue if companies break the law.

Senate Bill 561, authored by Hannah Beth Jackson and sponsored by CA’s Attorney General Xavier Becerra, lets state residents take independent legal action if any of the rights granted to them by the new law are violated, including the right to know where their personal information is being sold and to withhold consent for data sales. Without the bill, consumers will have little recourse if some companies don’t voluntarily comply.

Senator Wieckowski’s office refused to meet with a group of constituents in his district, a meeting Media Alliance and Oakland Privacy offered to convene, saying the entire legislative staff was “too busy” to meet every single day from May 6 to May 15.

When asked what a constituent should do if a company ignores their request to opt out under CCPA, the senator’s legislative director Heather Resetarits replied: ” I understand your frustration and the Senator understands the arguments for the merits of the policy contained in the bill.”

Wieckowski, one of four Democrats on the Senate Appropriations committee whose vote will be required to advance SB 561, says he is loyal to “a deal” struck with real estate developer Alastair MacTaggart in 2018 to remove McTaggart’s initiative from the 2018 ballot. The ballot initiative, which was supported by 600,000 Californians, had a right to sue or a private right of action. It was taken out in the “deal”, which happened in a back room without the permission of those 600,000 Californians or the other 39 million Californians who were having their privacy rights trimmed.

The right to privacy is enshrined in the California state constitution. The preamble to the California Privacy Act states:

It is the intent of the Legislature to further Californians’ right to privacy by giving consumers an effective way to control their personal information, by ensuring the following rights:(1) The right of Californians to know what personal information is being collected about them.(2) The right of Californians to know whether their personal information is sold or disclosed and to whom.(3) The right of Californians to say no to the sale of personal information.(4) The right of Californians to access their personal information.(5) The right of Californians to equal service and price, even if they exercise their privacy rights.

Rights you can only exercise if a company voluntarily agrees aren’t rights, they are requests. Unenforceable requests. Attorney General Becerra, in sponsoring Senate Bill 561 said: “I urge you to provide consumers with a private right of action under CCPA”. A March 2019 poll said 94% of California voters want to be able to take a company to court if the company violates their privacy rights.

Senator Bob Wieckowski is telling you he is going to ignore 94% of the voters, make your constitutional rights unenforceable, and won’t meet with his own angry constituents because of a backroom deal with the the one percent to protect companies that won’t comply with the law. Who is he representing?

Here is how to reach him: Sacramento: (916) 651-4010 Fremont:
(510) 794-3900

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