SIIA Opposition to AB 1949

The Software & Information Industry Association (SIIA) joins six industry organizations express their opposition to AB 1949, the California Consumer Privacy Act of 2020: Collection of Personal Information of a Consumer Less than 18 Years of Age. The letter expresses opposition to AB 1949, which prohibits the collection, sharing, sale, or use of consumer data for anyone under 18 years of age without affirmative consent. The signatories argue that while they value consumer privacy, the bill raises significant workability issues and disrupts the balance established by the California Consumer Privacy Act (CCPA). SIIA highlight that the CCPA already provides protections for minors, with different age groups having varying levels of opt-in consent requirements. AB 1949 is criticized for treating all minors the same, requiring affirmative consent for any processing of their personal information, regardless of actual knowledge of the consumer’s age. The letter also raises concerns about the practicality of implementing such requirements for businesses, suggesting it would lead to consent fatigue and significantly hamper operations. Moreover, AB 1949 is criticized for potentially violating constitutional rights, particularly the First Amendment, and for assuming all children live in safe and supportive environments. Ultimately, the signatories believe AB 1949 undermines privacy rights for all consumers and therefore oppose it.