Unlawfully obtained data.
The implementation of AB 1391 reflects a significant tightening of regulations surrounding data security and consumer privacy in California. It aims to deter the illicit sale of data by establishing clear legal repercussions for those who engage in such transactions and extends legal protections to individuals whose information may be compromised. This legislation underscores the importance of lawful data handling, further complicating potential violations for businesses that fail to adhere to the state's data protection standards.
Assembly Bill 1391, also known as the Unlawfully Obtained Data Act, was enacted to enhance data privacy protections under California law. It adds Section 1724 to the Civil Code, making it illegal for individuals to sell or access data obtained through criminal activities. This builds upon existing privacy protections established by the California Consumer Privacy Act of 2018, reinforcing the duty of businesses to protect sensitive information and providing a basis for civil action against violations.
Overall, the sentiment surrounding AB 1391 has been largely positive among privacy advocates and lawmakers who prioritize consumer protection. Supporters view the bill as a long-awaited step forward in the ongoing battle against unauthorized data selling practices. However, some concerns have been raised about how the new regulations will influence lawful data practices, particularly regarding legitimate exchanges that might inadvertently stray into unlawful territory.
Notable points of contention regarding AB 1391 include the definitions of 'authorized persons' and 'data,' which have specific legal meanings ascribed to them. Critics argue that the bill, while well-intentioned, could inadvertently restrict whistleblowers or journalists from obtaining critical information related to public interest issues, as the exceptions for such groups are narrowly defined. Furthermore, questions remain regarding enforcement and the potential for litigation that could arise from misunderstandings surrounding the law's applications.