California Privacy Act 2020 - right to delete, right to learn how used

[bornfree2]

So California passed a pro consumer privacy law in 2020. It gives the right to find out what info a business has collected, who it shares it to, and the delete it. Its not perfect as it targets big businesses not small businesses.

• The right to know about the personal information a business collects about them and how it is used and shared;
• The right to delete personal information collected from them (with some exceptions);
• The right to opt-out of the sale of their personal information; and
• The right to non-discrimination for exercising their CCPA rights.

You can find some info on it here:

https://oag.ca.gov/privacy/ccpa

https://www.natlawreview.com/article/california-consumer-privacy-act-ccpa-2020-year-review

It got me thinking what would happen if this was used on the credit agencies. Would wipe out the credit file on hand? Would that be detrimental? Or how about on google and facebook? Would they then have grounds to terminate your use of their service (no youtube for you!) since they cant track you?

A lot of interesting implications here. I expect class action suits from many privacy advocacy groups.

[justbroke]

Well, there's this thing called the supremacy clause. That means that States can't pass any laws which means that, for the most part, Federal Law takes precedence. (It's also interesting that the federal government is not involved in "all" laws passed by the States. Some laws are exclusively the domain of the States. Most interstate and national laws are the domain of the federal government.)

So, that means the FDCPA and FCRA are the law of the land. I do not expect any class action suits against credit reporting due to the supremacy clause. No implications for credit reporting.

I did not look at the issues and laws presented, but the United States has a plural government and federal law reins supreme.

Update: okay, so I took a quick look at credit bureaus and any affect on them. Here's how one of the credit bureaus has responded. As I suspected, they are governed under federal law and most of the CCPA does not apply (except something like your email address that you provided to the Credit Bureau, but if it was provided as part of credit reporting... they are neither required to nor will delete that information).

Credit reports and the information in them are governed by the Fair Credit Reporting Act (FCRA)...

In compliance with the CCPA, TransUnion will only delete personal information you have directly provided us. For example, personal information related to your credit report is not subject to the CCPA. Credit report information helps us provide an accurate picture of each consumer, which is essential to maintaining trust in the marketplace.

[bornfree2]

W
Update: okay, so I took a quick look at credit bureaus and any affect on them. Here's how one of the credit bureaus has responded. As I suspected, they are governed under federal law and most of the CCPA does not apply (except something like your email address that you provided to the Credit Bureau, but if it was provided as part of credit reporting... they are neither required to nor will delete that information).

Just because they say they are in compliance doesnt mean they are. This statement "For example, personal information related to your credit report is not subject to the CCPA. " is so general it doesnt really make any sense. What personal information? How is it related? Which in particular in relation? Why is it not subject? Cause they say so ?

Is not my name, SSN, phone number, personal information that I share with them? Is not that very data the database unique keys that tie together the credit report and skip tracing reports? Thus, if i want THAT data erased it would cause all the links to break.

Only challenges can slowly break down the dragnet 'they' created.

[justbroke]

Supremacy clause of the land is the FCRA and FDCPA. The CCPA does not override that. What the bureaus is saying is that any data that you personally supply to them is covered by CCPA. That would mean if you signed up for their service or that you contacted them related to a credit report. The CCPA could not and does not override the FCRA/FDCPA.

Again, the CCPA does not (and cannot) affect the FCRA or FDCPA at all and was never intended to do as much. The generalized statement was so that people could understand it. If they wrote that CCPA does not affect 15 U.S.C. §§ 1692-1692p or 15 U.S. Code § 1681, then 95% of people would not understand what that means at all. The CCPA couldn't affect those parts of the United States Code as it is supreme.

No lawsuit or wrangling would over undue the supremacy clause.

[bornfree2]

No lawsuit or wrangling would over undue the supremacy clause.

The constitution is also pretty clear on the 1st,2nd, and 4th amendments. From 3-20-20 onwards, those have been uppended in the by orders of 'governor mandates' and the CDC. All they used was powerpoint, headlines, and a death count.

Churches closed, businesses wiped out, people literally gagged, and now discrimination based on your medical choices. Not much supremacy of laws going on here.

So i havent been so impressed with 'supremacy' of laws when a small group of men and their organizations easily did an end run.

At the end of the day its clear money runs laws and politics. The only non violent way to change this power dynamic is in the courts, your spending dollars, taxes, voice, non compliance, and voting.

If there is even a tiny little crack in the credit reporting, privacy sucking industry, we the people should rip it wide open.

[justbroke]

I don't know what that has to do with a.) the California CCPA, b.) the FCRA, c.) the FDCP, and d.) the Supremacy clause to which all States that entered the Union have pledged to accept when they entered the Union.

Despite any particular argument against data collection on a person's history of using credit -- which doesn't have to be extended anyhow -- none of what you wrote has any bearing on Article VI of the Constitution.

I understand that you're passionate about privacy and such, but this is a non-starter. The CCPA can't change the "law of the land" in any way when that law is supreme (Article VI, Paragraph 2). So, I end this with "no lawsuit" is going to change that. You would need an amendment to the Constitution and specifically Article VI. In fact, if you remove the Supremacy clause then there is no Union.

If you do want to amend the constitution to remove the Supremacy clause I would say that's a non-starter unless abolishing the federal government. If you simply want California's CCPA to have more teeth and force creditors to delete financial performance history on individuals, then your best bet is to ask Congress to go after the FCRA and FDCPA directly. A constitution amendment is not easy. In the mean time, we must work within the confines of the law.