In a significant move to bolster data privacy protections, the California Privacy Protection Agency (CPPA) inked a new partnership with France’s Commission Nationale de l'Informatique et des Libertés (CNIL). The collaboration aims to conduct joint research on data privacy issues and share investigative findings that will enhance the capabilities of both organizations in safeguarding personal data. The partnership between CPPA and CNIL shows the growing emphasis on international collaboration in data privacy protection. Both California and France, along with the broader European Union (EU) through its General Data Protection Regulation (GDPR), recognize that effective data privacy measures require global cooperation. France’s membership in the EU brings additional regulatory weight to this partnership and highlights the necessity of cross-border collaboration to tackle the complex challenges of data protection in an interconnected world.

What the CPPA-CNIL Data Privacy Protections Deal Means

The CPPA on Tuesday outlined the goals of the partnership, stating, “This declaration establishes a general framework of cooperation to facilitate joint internal research and education related to new technologies and data protection issues, share best practices, and convene periodic meetings.” The strengthened framework is designed to enable both agencies to stay ahead of emerging threats and innovations in data privacy. Michael Macko, the deputy director of enforcement at the CPPA, said there were practical benefits of this collaboration. “Privacy rights are a commercial reality in our global economy,” Macko said. “We’re going to learn as much as we can from each other to advance our enforcement priorities.” This mutual learning approach aims to enhance the enforcement capabilities of both agencies, ensuring they can better protect consumers’ data in an ever-evolving digital landscape.

CPPA’s Collaborative Approach

The partnership with CNIL is not the CPPA’s first foray into international cooperation. The California agency also collaborates with three other major international organizations: the Asia Pacific Privacy Authorities (APPA), the Global Privacy Assembly, and the Global Privacy Enforcement Network (GPEN). These collaborations help create a robust network of privacy regulators working together to uphold high standards of data protection worldwide. The CPPA was established following the implementation of California's groundbreaking consumer privacy law, the California Consumer Privacy Act (CCPA). As the first comprehensive consumer privacy law in the United States, the CCPA set a precedent for other states and countries looking to enhance their data protection frameworks. The CPPA’s role as an independent data protection authority mirror that of the CNIL - France’s first independent data protection agency – which highlights the pioneering efforts of both regions in the field of data privacy. By combining their resources and expertise, the CPPA and CNIL aim to tackle a range of data privacy issues, from the implications of new technologies to the enforcement of data protection laws. This partnership is expected to lead to the development of innovative solutions and best practices that can be shared with other regulatory bodies around the world. As more organizations and governments recognize the importance of safeguarding personal data, the need for robust and cooperative frameworks becomes increasingly clear. The CPPA-CNIL partnership serves as a model for other regions looking to strengthen their data privacy measures through international collaboration.

Information newly made available under California law has shed light on data broker practices, including exactly what categories of information they trade in.

Any business that meets the definition of data broker must register with the California Privacy Protection Agency (CPPA) annually. The CPPA defines data brokers as businesses that consumers don’t directly interact with, but that buy and sell information about consumers from and to other businesses.

Where there’s money to be made you’ll find companies and individuals that will go to any length to get a piece of the action. At the moment there are around 480 data brokers registered with the CPPA. However, that might be just the tip of the iceberg, because there are a host of smaller players active that try to keep a low profile. There are 70 fewer data brokers listed than last year, but it is questionable whether they went out of business or just couldn’t be bothered with all the regulations tied to being a listed data broker.

The law requires registered data brokers to disclose in which of the following categories they actively trade information in:

• Minors (24)
• Precise Geolocation (79)
• Reproductive healthcare data (25)

Four of these data brokers are active in all three of these categories: LexisNexis Risk Solutions, Harmon Research Group, Experian Marketing Solutions, and BDO USA, P.C., Global Corporate Intelligence group.

What is particularly disturbing is the traffic in the data of minors. Children require special privacy protection since they’re more vulnerable and less aware of the potential risks associated with data processing.

When it comes to children’s data, the CCPA requires businesses to obtain opt-in consent to sell the data of a person under the age of 16. Children between the ages of 13 and 16 can provide their own consent, but for children under the age of 13, businesses must obtain verifiable parental consent before collecting or selling their data.

Data brokers were under no obligation to disclose information about selling data belonging to minors until the Delete Act was signed into law on October 10, 2023. The Delete Act is a Californian privacy law which provides consumers with the right to request the deletion of their personal information held by various data brokers subject to the law through a single request.

The next step forward would be if more states followed California’s example. So far only four states—California, Vermont, Oregon, and Texas—have enacted data broker registration laws.

The Children’s Online Privacy Protection Act (COPPA), which regulates children’s privacy, does not currently prevent companies from selling data about children. An update for the bill (COPPA 2.0), that would enhance the protection of minors, is held up in Congress.

In Texas, data brokers are governed by Chapter 509 of the Business and Commerce Code and this includes the specification that each data broker has a “duty to protect personal data held by that data broker.” This is important because, as we have seen, breaches at these data brokers can be combined with others and result in a veritable treasure trove of personal data in the hands of cybercriminals.

Check your digital footprint

If you want to find out how much of your data has been exposed online, you can try our free Digital Footprint scan. Fill in the email address you’re curious about (it’s best to submit the one you most frequently use) and we’ll send you a free report.

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