SIIA joins other organizations in opposing AB 1008 (Bauer-Kahan). The bill narrows the exception for “publicly available” information under the California Consumer Privacy Act (CCPA) based on how data is collected, not the source or nature of the data. This change would mean that information in the public domain could be deemed nonpublic if retrieved using “mass data extraction techniques,” regardless of its lawful availability or the intent behind making it public.
This legislation poses significant constitutional concerns by challenging the well-established First Amendment rights to receive and disseminate information. Public information should remain public, regardless of whether it is accessed manually or through automated means. AB 1008 threatens to disrupt various industries that rely on public information, impacting services, research, and public safety efforts. Moreover, it undermines the balance between consumer privacy and public access to information established by Proposition 24.
SIIA urges a reconsideration of AB 1008, emphasizing the need to protect constitutional rights and the practical benefits of using publicly available information.
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