The Los Angeles consumer protection lawyers at Tauler Smith LLP regularly represent plaintiffs in data privacy claims, so we know just how important the California Invasion of Privacy Act (CIPA) is for consumers. In fact, one of the firm’s attorneys recently co-authored an article on strengthening CIPA protections. The CIPA is a critically important California law that protects consumers’ data privacy rights by prohibiting companies from using tracking software to monitor and record website visitors. Additionally, the CIPA provides crucial legal protections for consumers whose privacy rights were violated because the statute includes a private right of action for individuals to sue.
To learn more about how the CIPA can be used to hold companies accountable for data privacy violations, keep reading.
Lawmakers Should Strengthen CIPA Protections for Consumers’ Data Privacy Rights
The recent article on the CIPA, “Why Weakening CIPA Would Hand Big Tech a Free Pass on Data Abuse,” offers insights into what many believe to be California’s most essential data privacy law. The article was published online by AdExchanger, a popular source for information about the latest trends in digital media, including data privacy laws and their effect on consumers.
In the article, the authors call for California lawmakers to do everything in their power to strengthen CIPA data privacy protections. Unfortunately, state legislators currently seem to be doing the opposite: there have been new attempts to constrain the reach of the consumer protection statute.
Why Are California Lawmakers Trying to Weaken CIPA Protections?
This is precisely the wrong time for California lawmakers to consider weakening CIPA’s consumer protections – and yet that’s exactly what they are trying to do. Earlier this year, the state Senate passed California Senate Bill 690 (SB 690), which would amend the CIPA and limit the scope of statutory liability for businesses that spy on website visitors.
If the proposed law were enacted, companies would potentially be legally allowed to use website activity “trackers” like session replay technology, live chat features, and third-party analytics tools so long as they were being used for “legitimate commercial purposes.” In other words, if a company tracked site visitors’ activity to harvest personal information and then shared that data without permission, they might get away with it. This would obviously be devastating for California consumers who value their privacy and don’t want their sensitive personal information to be sold to the highest bidder.
(Although SB 690 stalled in the California Assembly, it may be reconsidered by lawmakers next year.)
What Is the California Invasion of Privacy Act?
Legal experts typically agree that California has the strongest consumer protection laws in the country. One of these laws is the California Invasion of Privacy Act (CIPA), which makes it illegal for businesses to wiretap or record customer communications without permission.
Although the CIPA was originally passed by the California Legislature as a wiretap law in 1967, the protections it provides for consumers are more important than ever today. That’s because this is the age of the internet and social media, with consumers under constant threat of online surveillance, data breaches, and leaking of personal information to data brokers who are looking to profit from targeted advertisements.
CIPA is an invaluable tool in the fight for privacy rights. If consumers were denied the ability to bring civil suits under the CIPA for data privacy breaches, there would be no check on abuse by companies that hope to benefit from collecting consumer data and selling it to third parties for a profit.
CIPA Applies to Telephone Communications and Internet Communications
The CIPA originally applied exclusively to landline telephone conversations, but it has since been interpreted by courts to apply to cell phone communications and online communications as well. When the CIPA was passed five decades ago, lawmakers anticipated the dangers that might be posed by new technology in the future. The legislative debate over the bill included references to “advances in science and technology” that might make it easier to eavesdrop on private communications. Legislators also noted that the threat posed by these kinds of privacy violations “cannot be tolerated in a free and civilized society.”
California Consumers Can Sue for Violations of the CIPA
As detailed by attorney Robert Tauler in the article on CIPA, the data privacy law might be the strongest tool in the legal toolchest for California residents who want justice for the unauthorized harvesting and sale of their personal information.
California’s consumer privacy laws are typically enforced by both the California Department of Justice and the California Privacy Protection Agency. However, sometimes it may be necessary for an individual to file a lawsuit as well. This is where the CIPA offers an important option for protecting data privacy rights: the statute provides individuals with a private right of action to sue companies who illegally use trap & trace devices. Moreover, the statutory penalties that may be imposed by a court in these cases are significant: $5,000 for each illegally monitored communication.
The Future of CIPA and Consumer Data Privacy Rights in California
Public sentiment has turned against the Big Tech companies that collect and share consumer data for profit. That’s partly because Big Tech companies have become unapologetically bold about surveillance of website visitors and app users. These companies are also starting to use banners and opt-in boxes on their sites for the purpose of confusing visitors. This needs to stop.
Unfortunately, government enforcement of data privacy laws like the California Invasion of Privacy Act (CIPA) isn’t always effective. This means that the best way to stop companies from violating the privacy rights of California consumers is to strengthen the law. One way to accomplish this would be to make it even easier for individuals to file civil suits against offending companies. These private rights of action are the lifeblood of privacy enforcement, with data privacy lawyers often serving as the last line of defense against Big Tech companies with deep pockets and unlimited resources to fight government regulation.
Call the California Data Privacy Attorneys at Tauler Smith LLP
Was your personal information collected by a website operator and shared without your permission? The Los Angeles data privacy lawyers at Tauler Smith LLP can help you take legal action to receive financial compensation.
Call 310-590-3927 or email us for more information.
