Beginning this year, internet merchants must provide privacy information to consumers and the option for consumers to opt out of data collection because of a California law that became effective on January 1st, 2020.[1]

The California Consumer Protection Act (CCPA) was passed by the Californian legislature with the aim to protect consumer rights of their privacy on the internet. The law requires internet businesses, such as online merchants, service providers and social media websites to disclose to the consumer, the types of personal information and the specific information that has been collected by the website during the consumer’s use.[2] The law further requires websites to provide the option for consumers to opt out of any sales of the personal information collected to any third parties.[3] Furthermore, the law prohibits any discrimination for consumers who wish to exercise their rights under the law. [4] For example, refusing to offer its services to the consumers who wish to opt out of selling data to third parties.[5]

Although the law offers only legal protection to residents of California, it has a significant impact on internet commerce within the United States.[6] Although there are States without this type of consumer protection in place, such as Maryland, the citizens are enjoying the benefits of at least the practical remedies of the law, if not the legal ones. This is because online merchants must comply with the stricter California law.[7]

The law is still catching up on the issue of internet privacy. Zoom, the teleconferencing application developer, has recently seen a boom in its use due to the COVID-19 epidemic.[8]  Zoom has fallen under scrutiny for privacy issues and is currently being sued for allegedly sharing its data with Facebook without user consent.[9] With the increasing prevalence and dependence on social media and internet shopping, effective legislation must be enacted. Maryland should follow California’s footsteps to ensure that it is protecting the rights of its citizens when it comes to internet privacy.

Daniel Pei is a third-year law student at University of Baltimore and will graduate in May 2020. Daniel received a bachelor’s degree in political science from Clemson University in 2015, and participated in chorus throughout college. Daniel has an interest in litigation, and hopes to become a trial attorney.

[1] California Consumer Protection Act of 2018, Cal. Civ. Code § 1798.100-1798.199 (2020).

[2] Id., § 1798.100, see also Id., § 1798.105.

[3] Id., § 1798.120.

[4] Id., § 1798.125.

[5] Id.

[6] Mellisa D. Maxwell & Claire C. Rosston, We’re Not Californians! Why Should We Care About the California Consumer Protection Act?, 62 Advocate 35 (West 2019).

[7] Id.

[8] Isobel Asher Hamilton, Zoom is being sued for allegedly handing over data to Facebook, Business Insider (Mar. 31, 2020), https://www.businessinsider.com/zoom-sued-allegedly-sharing-data-with-facebook-2020-3?op=1.

[9] Id.