California Elections 2020: Proposition 24 - Consumer Privacy Laws

What Would This Ballot Initiative Change about the CCPA?

Proposition 24, also known as the California Privacy Rights and Enforcement Act of 2020, would expand or amend the provisions of the California Consumer Privacy Act of 2018 (CCPA), create the California Privacy Protection Agency, and remove the ability of businesses to fix violations before being penalized for violations. The ballot initiative would require businesses to do the following:[1]

  • not share a consumer's personal information upon the consumer's request;
  • provide consumers with an opt-out option for having their sensitive personal information, as defined in law, used or disclosed for advertising or marketing;
  • obtain permission before collecting data from consumers who are younger than 16;
  • obtain permission from a parent or guardian before collecting data from consumers who are younger than 13; and
  • correct a consumer's inaccurate personal information upon the consumer's request.

How is the Campaign Connected to the CCPA Legislation?

Alastair Mactaggart, a San Francisco-based real estate developer, filed this ballot initiative. He was the proponent of a ballot initiative that qualified for the ballot in 2018 but was withdrawn after negotiations with the California State Legislature, which passed a revised version of the initiative called the California Consumer Privacy Act of 2018 (CCPA). Mactaggart contributed $3 million to the initiative's campaign, which spent $1.63 million to collect signatures ($4.46 per required signature).

With the ballot initiative for the election on November 3, 2020, Mactaggart said his intention "is to go to the ballot."[2] He described the CCPA of 2018 as a "great baseline. But I think there are additional rights that Californians deserve."[3] Unlike the CCPA, which the legislature passed, the ballot initiative couldn't be amended without the approval of voters at the ballot box due to the state constitution's limits on legislative alteration. "The only thing I want to make sure is they can’t undo the act," said Mactaggart, "There is basically unlimited resources on one side of the fight. If you don’t do anything, they will win eventually."[4]

Sen. Bob Hertzberg (D-18) was involved in the negotiations with Mactaggart that resulted in the CCPA of 2018. Sen. Hertzberg said that "[t]here is no reason to negotiate" this time, adding, "What [Mactaggart] is doing is the right thing."[5]

Official Ballot Arguments for Proposition 24

Protect your most personal information, by allowing you to prevent businesses from using or sharing sensitive information about your health, finances, race, ethnicity, and precise location.

Safeguard young people, tripling fines for violations involving children’s information

See all the arguments in favor of Proposition 25 here.

Official Ballot Arguments Against Proposition 24

It was written behind. closed doors with input from giant tech corporations that collect and misuse our personal information—while the measure’s sponsor rejected almost every suggestion from 11 privacy and consumer rights groups. Proposition 24 reduces privacy protections by severely weakening your rights under current California law.

Proposition 24 asks you to approve an Internet “pay for privacy” scheme. Those who don’t pay more could get inferior service—bad connections, slower downloads and more pop up ads. It’s an electronic version of freeway express lanes for the wealthy and traffic jams for everyone else.

See all the arguments against of Proposition 25 here.

Official Websites for Proposition 24

Visit the Official Website for Yes on Proposition 24: https://www.caprivacy.org/

Visit the Official Website for No on Proposition 24: not  found.

What is Proposition 24?

If approved, Proposition 24 will prevent businesses from sharing personal information, correct inaccurate personal information and limit businesses from using sensitive, personal information. The Proposition will also triple maximum penalties for violations related to consumers under the age of 16 and authorize civil penalties for theft of consumer login information. 

Who is Funding Proposition 24?

The Californians for Consumer Privacy PAC was registered to support the ballot initiative. The committee had raised $4.76 million. Alastair Mactaggart was the top contributor to the PAC, providing 99.8 percent of the campaign's total funds.[11]

Who is Supporting Proposition 24?

Californians for Consumer Privacy is leading the campaign in support of the ballot initiative. Alastair Mactaggart, a real estate developer and investor based in San Francisco, is chairperson of the campaign.[8]

James Steyer, CEO of Common Sense Media 

Alice Huffman, president of the California NAACP 

Celine MacTaggart, director of the Californians for Consumer Privacy

Who is Opposing Proposition 24?

California Consumer and Privacy Advocates Against Prop 24, also known as No on Prop 24, is leading the campaign in opposition to the ballot initiative.[9]

Individuals

  • Dolores Huerta - Co-Founder of the United Farm Workers [Source]

Organizations

  • ACLU of Northern California [Source]
  • California Alliance for Retired Americans [Source]
  • Consumer Federation of California [Source]
  • Council on Islamic American Relations - California [Source]

Kevin Baker, director of the Center for Advocacy and Policy 

Nan Brasmer, president of the California Alliance for Retired Americans 

John Mathias, deputy senior campaign director for Color of Change

For more information, go to ballotpedia.org

Have an opinion on this ballot measure? Share your thoughts in a written or video commentary! Email it to hoa@ivn.us

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