AB 1680: California Consumer Privacy Act of 2018.

Existing law, the California Consumer Privacy Act of 2018, grants, commencing on January 1, 2020, a consumer various rights with regard to personal information relating to that consumer that is held by a business, including the right to request a business to delete any personal information about the consumer collected by the business, and requires the business to comply with a verifiable consumer request to that effect, unless it is necessary for the business or service provider to maintain the customers personal information in order to carry out specified acts.

The act prohibits a business from discriminating against the consumer for exercising any of the consumers rights under the act, except if the difference is reasonably related to value provided by the consumers data.

This bill would, instead, prohibit a business from unreasonably discriminating against a consumer for exercising of any of the consumers rights under the act.

The act authorizes a business to offer financial incentives for collection, sale, or deletion of personal information. The act authorizes a business to offer a different rate, price, level, or quality of goods or services to the consumer if that price or difference is directly related to the value provided to the consumer by the consumers data. The act, however, prohibits a business from entering a consumer into a financial incentive program unless the consumer gives the business opt-in consent for the program pursuant to a specified process. The act prohibits a business from using financial incentives practices that are unjust, unreasonable, coercive, or usurious in nature.

This bill would, instead, authorize a business to offer incentives, including payments to consumers for compensation, for the sale or retention of personal information, and make conforming changes to that effect. The bill would, instead, authorizes a business to offer a different rate, price, level, or quality of goods or services to the consumer if that price or difference is reasonably related to the value provided to the business by the consumers data, including offering a specific good or service whose functionality is reasonably related to collection, use, or sale of the consumers data. The bill would, instead, prohibit a business from entering a consumer into an incentive program unless the consumer gives the business prior opt-in consent after notice provided to the consumer. The bill would, instead, prohibit a business from using incentive practices that are coercive or usurious in nature.