Privacy Daily is a service of Warren Communications News.
Data Broker Measure Passes

Calif. Privacy Agency Cheers as Legislature Approves Universal Opt-Out Bill

The California legislature passed a bill Thursday to require web browser support for universal opt-out preference signals (OOPS). Also, at our deadline, a California bill adding requirements for data brokers had enough votes to pass the legislature, though the tally wasn’t final. On Wednesday, the state legislature also passed a bill on social media account cancellations.

Sign up for a free preview to unlock the rest of this article

Privacy Daily provides accurate coverage of newsworthy developments in data protection legislation, regulation, litigation, and enforcement for privacy professionals responsible for ensuring effective organizational data privacy compliance.

California legislators have until Friday night to pass bills. Then, Gov. Gavin Newsom (D) will have until Oct. 12 to sign or veto those that passed.

The Assembly voted 44-2 to concur with Senate changes to AB-566, the closely watched OOPS bill that was endorsed by the California Privacy Protection Agency (CPPA). Recent amendments narrowed the bill to web browsers, delayed its effective date until Jan. 1, 2027, and gave web browser companies that put global OOPS functionality into their browsers immunity from liability in California for violations by businesses receiving the signals.

The Senate voted 30-7 for the bill Wednesday (see 2509100070). It next needs a signature from the governor. Last year, Newsom vetoed similar legislation that had also covered mobile operating systems, but this year, the measure’s scope was narrowed to browsers.

CPPA Executive Director Tom Kemp applauded lawmakers for passing AB-566, calling it “a landmark bill that helps break the cycle of forcing Californians to endure a never-ending set of chores in order to exercise their individual privacy rights.” Kemp said the bill, if signed, will assist with “the CPPA’s focus on operationalizing and scaling consumer privacy rights.”

Maureen Mahoney, CPPA's deputy director of policy and legislation, said the bill is meant to ensure that global opt-out signals “will no longer be a premium feature available only to those who actively seek out specialized browsers.” Currently, only some browsers, such as Brave and Mozilla Firefox, let users activate the signals.

Consumer Reports urged Newsom to sign the bill into law. "It is far too difficult for most people to use their existing privacy rights,” said Matt Schwartz, a CR policy analyst, in a statement. “AB 566 will change that by requiring browser vendors to provide a clear and easy-to-use setting that allows consumers to universally opt-out, preventing their information from being sold or shared with hundreds of third-parties that they have never even heard of."

Also on Thursday, the California Senate voted 24-0 to concur with Assembly amendments to the data broker bill (SB-361), which would require data brokers to disclose to the CPPA more types of personal information in their state registrations than they do now. While the Senate put the vote on call to possibly add more from absent members later, the bill needed only 21 yes votes to pass.

The Assembly voted 79-0 one day earlier for SB-361. Its amendment added even more types of information that would need to be disclosed (see 2508270041).

The Assembly also voted 77-0 Wednesday to concur with Senate amendments to the social media deletion bill (AB-656). In addition to governing how users may delete their accounts, the legislation requires platforms to treat such cancellations as California Consumer Privacy Act requests to delete users’ personal information.

Meanwhile, the Senate voted 31-6 to pass a kids online safety bill focused on AI chatbots (AB-1064). The Assembly voted 59-10 Wednesday to pass SB-243, another bill on companion chatbots. Each of those bills then returned to its originating chamber for concurrence votes.

Common Sense CEO James Steyer said in a statement that passage of AB-1064 “is a major step toward a safer future for our kids in the AI era.”

Privacy Panel Clears AI Bill

A frontier AI bill got back on track as well. The Assembly Privacy Committee voted 12-1 to clear SB-53 after hearing more testimony Thursday afternoon. The bill by Sen. Scott Wiener (D) had previously been on the Assembly floor, but members sent it back to the Privacy Committee on Monday (see 2509090038).

Before voting yes, committee Vice Chair Diane Dixon (R) asked, "How do we know that we will not stifle innovation?"

"This bill is very light touch," replied Wiener. "It's an impactful bill, but it's focused on transparency around safety protocols" and protecting whistleblowers.

At the hearing, various industry lobbyists still lined up in opposition to SB-53, though they also said they appreciated the recent amendments to the bill.