Episode 160 — Data Privacy News from February 2024: California and Florida

Data Privacy Detective

Join Yugo Nagashima, data privacy and technology attorney at Frost Brown Todd, as he and the Data Privacy Detective discusses two major topics from February 2024.

Learn how DoorDash and California settled a dispute under California’s privacy law that raises important issues for business and consumers. DoorDash was accused of failing to inform customers about its providing their personal information to marketing co-operative members, which then sent targeted advertisements to the customers. California claimed that DoorDash did not inform its customers about this and treated the sharing as a sale of personal information banned under the CCPA. When DoorDash tried to cure the problem, its contracts did not provide for adequate corrective measures and the ability to track and monitor how its customers’ personal information was used by third parties. In addition to paying a $375,000 fine in settlement, DoorDash agreed to change its privacy policy and post a clear and conspicuous notice about its selling or sharing information through the marketing co-operative. And perhaps even more important, DoorDash will need to revise its data sharing agreements so that it can track, monitor, audit, and control what happens to its downstream sharing of personal information.

On February 23, the Florida legislature sent to the Governor a bill about social media and minors, with major privacy implications. Going beyond what several other states enacted in 2023, Florida could outright ban social media uses by people under age 16, require deletion of personal information of those minors on their request or that of their parents, and require age verification measures before allowing social media to sign them up as subscribers. The enacted bill would call for “anonymous” age verification methods to augment other common means of asking about someone’s age. This would require sharing of personal information about the minors in order to increase the reliability of age verification. Consider the privacy implications of social media’ and its impact on youth. Whose privacy is at stake? Whose data is it that would be protected? And who will control decisions about these matters - youngsters, parents and guardians, or the state?

Time stamps:

00:45 — California/DoorDash privacy dispute

08:27 — Florida’s social media legislation