QuestionQ82

State Privacy Laws

Sarah resides in San Francisco, California. Because of a sharp rise in unsolicited commercial emails, Sarah believes that a major social media platform with more than 50 million users has gathered substantial personal information about her. The company operating the platform is headquartered in New York and France.

Why does Sarah have the right to ask the social media platform to delete the personal information it has collected about her?

  • A Any company with a presence in Europe must comply with the General Data Protection Regulation globally, including in response to data subject deletion requests.
  • B Under Section 5 of the FTC Act, the Federal Trade Commission has held that refusing to delete an individual’s personal information upon request constitutes an unfair practice.
  • C The California Consumer Privacy Act entitles Sarah to request deletion of her personal information.
  • D The New York “Stop Hacks and Improve Electronic Data Security” (SHIELD) Act requires that businesses under New York’s jurisdiction must delete customers’ personal information upon request.
Explanation

The California Consumer Privacy Act gives California consumers the right to request that a covered business delete personal information it collected from them, subject to specified exceptions. Sarah is a California resident, so this consumer deletion right applies to her request.

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