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Showing posts with label data privacy regulations. Show all posts

California Privacy Regulator Fines Datamasters for Selling Sensitive Consumer Data Without Registration

 

The California Privacy Protection Agency (CalPrivacy) has taken enforcement action against Datamasters, a marketing firm operated by Rickenbacher Data LLC, for unlawfully selling sensitive personal and health-related data without registering as a data broker. The Texas-based company was found to have bought and resold information belonging to millions of individuals, including Californians, in violation of the California Delete Act. 

Under the Delete Act, companies engaged in buying or selling consumer data are required to register annually as data brokers by January 31. Beginning in 2026, the law will also enable consumers to use a centralized online tool known as the Delete Request and Opt-out Platform (DROP), which allows individuals to request the deletion of their personal information from all registered data brokers at once. 

CalPrivacy imposed a $45,000 fine on Datamasters for failing to register within the required timeframe. Due to the seriousness and continued nature of the violations, the agency also prohibited the company from selling personal information related to Californians. According to the regulator’s final order, Datamasters continued operating as an unregistered data broker despite repeated efforts by the agency to bring it into compliance. 

The investigation found that Datamasters purchased and resold data linked to people with specific medical conditions, including Alzheimer’s disease, drug addiction, and bladder incontinence, primarily for targeted advertising purposes. In addition to health data, the company traded consumer lists categorized by age and perceived race, marketing products such as “Senior Lists” and “Hispanic Lists.” The datasets also included information tied to political views, grocery shopping behavior, banking activity, and health-related purchases.  

The scope of the data involved was extensive, reportedly consisting of hundreds of millions of records containing names, email addresses, physical addresses, and phone numbers. CalPrivacy identified the nature and scale of the data processing as a significant risk to consumer privacy, particularly given the sensitive characteristics associated with many of the records. 

An aggravating factor in the case was Datamasters’ response to regulatory scrutiny. The company initially claimed it did not conduct business in California or handle data belonging to Californians. When confronted with evidence to the contrary, it later acknowledged processing such data and asserted that it manually screened datasets, a claim regulators found unconvincing. The agency noted that Datamasters resisted compliance efforts while continuing its data brokerage activities. 

As part of the enforcement order, signed on December 12, Datamasters was instructed to delete all previously acquired personal information related to Californians by the end of December. The company must also delete any California-related data it may receive in the future within 24 hours. Additionally, Datamasters is required to maintain compliance safeguards for five years and submit a report detailing its privacy practices after one year. 

In a separate action, CalPrivacy fined S&P Global Inc. $62,600 for failing to register as a data broker for 2024 by the January 31, 2025 deadline. The agency noted that the lapse, which lasted 313 days, was due to an administrative error and that the company acted promptly to correct the issue once identified.

Websites Engage in Deceptive Practices to Conceal the Scope of Data Collection and Sharing

 

Websites frequently conceal the extent to which they share our personal data, employing tactics to obscure their practices and prevent consumers from making fully informed decisions about their privacy. This lack of transparency has prompted governmental responses, such as the European Union's GDPR and California's CCPA, which require websites to seek permission before tracking user activity.

Despite these regulations, many users remain unaware of how their data is shared and manipulated. A recent study delves into the strategies employed by websites to hide the extent of data sharing and the reasons behind such obfuscation.

The research, focusing on online privacy regulations in Canada, reveals that websites often employ deception to mislead users and increase the difficulty of monitoring their activities. Notably, websites dealing with sensitive information, like medical or banking sites, tend to be more transparent about data sharing due to market constraints and heightened privacy sensitivity.

During the COVID-19 pandemic, as online activity surged, instances of privacy abuses also increased. The study shows that popular websites are more likely to obscure their data-sharing practices, potentially to maximize profits by exploiting uninformed consumers.

Third-party data collection by websites is pervasive, with numerous tracking mechanisms used for advertising and other purposes. This extensive surveillance raises concerns about privacy infringement and the commodification of personal data. Dark patterns and lack of transparency further exacerbate the issue, making it difficult for users to understand and control how their information is shared.

Efforts to protect consumer privacy, such as GDPR and CCPA, have limitations, as websites continue to manipulate and profit from user data despite opt-in and opt-out regulations. Consumer responses, including the use of VPNs and behavioral obfuscation, offer some protection, but the underlying information asymmetry remains a significant challenge.