Take 2 on Calif. Opt-Out Preference Bill Still Covers Mobile Despite 2024 Veto

Assemblymember Josh Lowenthal (D) introduced AB-566 on Wednesday. It would require a setting that consumers could activate to automatically opt out of the sale or sharing of their personal data and to limit use of their sensitive personal information. Gov. Gavin Newsom (D) vetoed a similar CPPA-endorsed bill last year due to concerns that mobile OS companies like Apple and Google might struggle to support opt-out preference signals.

Under AB-566, the requirement would apply immediately to browsers. For a mobile OS, it wouldn’t take effect until six months after the CPPA adopts rules “that outline the requirements and technical specifications for an opt-out preference signal to be used by a mobile operating system.”

At a December meeting, the CPPA board voted 5-0 to support a staff recommendation to renew the state agency’s push for a bill that failed last year. While staff suggested removing the mobile OS requirement so that the bill could more easily pass, the board decided that the agency should recommend keeping the mobile OS requirement at least for now, while giving flexibility to negotiate the bill’s terms as it moves through the process.

“It's never been more important for consumers to be able to easily limit the sale and sharing of their personal information,” Maureen Mahoney, CPPA deputy director of policy and legislation, said in Thursday's news release. “We look forward to working with Assemblymember Lowenthal on this much-needed bill to ensure Californians have access to a simple tool they can use to protect their information.”

Said Lowenthal, “Many consumers are unaware of how their data is being collected and utilized when they are navigating the internet and the unintended use or misuse of our personal data remains far too common.” Lowenthal continued, “AB 566 will ensure that an individual's right to privacy is upheld by requiring web browsers to offer global opt-out settings.”