ANA Opposes Data Broker Bill in California State Assembly

On March 26th, ANA testified before the California Assembly Privacy Committee in opposition to AB 1202, a bill introduced by Assembly Member Ed Chau concerning data broker registration.

Steve Carlson, ANA’s retained lobbyist in Sacramento, was the principal witness in opposition to the bill. In his testimony, Steve referenced complications that AB 1202 would add to the ongoing Attorney General’s regulatory process related to the California Consumer Protection Act (CCPA), leading to unintended consequences and consumer confusion.

Likening the simultaneous regulatory and legislative process to three-dimensional chess, ANA testified that AB 1202 would add yet another layer of complication to workable consumer data privacy; that the registry would not provide consumers with new or helpful information and would conflict with the CCPA. We stated that these issues should be addressed in the context of the CCPA instead of a stand-alone piece of legislation. We suggested the committee hold off on moving this bill, in light of the rulemaking and other significant changes to CCPA that are being discussed and proposed.

Nevertheless, the Assembly Privacy Committee passed the bill by a vote of 9-2 with all Democrats and one Republican, James Gallagher (who along with a number of “New Way Republicans” is taking a different tack on privacy issues) voted aye.  

Sarah Boot of the CalChamber (of which ANA is a member) testified that she has been working with the committee staff and the Chamber has a number of concerns they would like addressed, including tightening the definition of data broker and potentially conflicting obligations under CCPA. The author and committee staff reacted positively and offered to continue to work with her.

The next stop for AB 1202 is the Assembly Appropriations Committee in the next few weeks, then the bill must pass on the Assembly Floor by May 31. ANA will continue to engage on this legislation and other data privacy and security bills in California and other states.