California Law Would Require Companies To Disclose All Consumer Data Collected
Trailrunner7 writes "California, which set the standard for data breach notifications nationwide, is again seeking to set a precedent by becoming the first state in the nation to require companies upon request disclose to California consumers the data they've collected and to whom it was shared during the past year. ... The 'Right to Know Act of 2013,' AB 1291 was amended this week to boost its chances of success after being introduced in February by state Assembly member Bonnie Lowenthal. ... It applies to companies that are both on- and off- line Privacy advocacy groups such as the EFF wrote Tuesday that the bill could set a precedent for other states, much as California's 2002 Breach Notification Act requiring California data breach victims be notified was later replicated by almost all U.S. states."
That's not all: you'd be able to request a copy of all the data they've stored about you too.
The next step would naturally be to force the companies to correct the data that they have wrong. For example, one link mentioned a woman who lost a job because she was misidentified as having a criminal record.
Here's to hoping.
Welcome to the 1980's, guys.
Data Protection Act (1984) UK, subsequently revised several times to clarify its intent.
You can write to ANY company, entity or organisation (even a website) and DEMAND all information they are storing on you. They may charge you only a reasonable administrative cost. Even applies to CCTV of yourself (but, obviously, in that case you have to give them enough information to determine who you are on their CCTV systems and can't just expect them to trawl years of video looking for your left arm).
How can you know whether a company is distributing incorrect / damaging information about yourself without the right to demand to see that information, the right to change it where it is erroneous, and the ability to control what they are allowed to do with it.
Interesting side problem: how do you know which corporations have data about you? The big companies like Google are known, but there's alot of other data brokers around...how can I demand data from a company I don't know about?
They need to add wording so that my data can't be shared without my permission with anyone who doesn't have the same company name. Way too much is being hidden behind "associates" and "partners". Anyone who touches my data should have to accept the same security and legal restrictions/responsibilities as the parent company that collected it. I'm tired to getting those Privacy Notices from everyone I have an account with, written in legaleze so generic as to make them useless. If you can take the time to send me a revised privacy statement every six months, then you can take the time to list who your "associate companies" actually are.
Sounds like a identity thiefs dream come true.
The equivalent exists in France since 1978. There are quite heavy fines and even prison terms for inappropriate collection and use of personal data. There's even been at least one spammer convicted on the grounds that his use of a list of e-mails constituted illicit use of infringing data.
I thought one of the growing concerns people had, and at first glance it appears to fall within this bill, is all the pseudonymous "tracking" which various companies do (particularly in advertising), where lots of details can be inferred about a person, and possibly even be cleverly determined to be about a specific person. For example, my computer figures out that you, John Smith on 1234 Fake St in zip code 66666, are into midget porn.
It's a real risk and can happen, and yet also, probably doesn't reliably happen. That is, I can figure out that this midget-porn-lover is very likely to be a guy in zipcode 66666, and if I were to combine some of the things I know with another database, which I may or may not have, I might determine it's very likely John Smith. But I don't know, and I can't turn the inferences around and really say what John Smith's porn preferences are. If I try really hard (to a degree that I would never be commercially motivated to, and therefore wouldn't do unless someone pointed a gun at me and demanded it), then I really will sometimes make mistakes, and mistakenly attribute Joe Schmoe's porn preferences as being John Smith's.
If you make a law that I need to be able to tell John Smith what I think about him (an opinion which I don't really have) and make me liable for mistakes (make my opinion become critically important) then I need to DE-ANONYMIZE my data, and make the extra effort to join other databases so that I can resolve things more reliably.
I need to make the "privacy nightmare" that everyone is worrying about worse. Thanks, State of California. Just as your left hand sasys the corporations are the real Big Brother, right hand is there to assure us that no, government will always remain the primary threat. By force and good intentions, if necessary.
Well, the bill specifies notification via writing or email. Clearly, no risk of identity theft whatsoever. Also, they specific the info must be provided to the consumer at no charge, so no disincentive to phishers of men that way either.
If you read the bill text you quickly see (without lawyers) that your logs that are held to comply with laws and then deleted afterwards are not considered information your company retains. However you might retain other information and that information needs to be shared with the customer.
Moving in 3, 2, 1....
I have no problem with your religion until you decide it's reason to deprive others of the truth.