FPF Weighs in on Automated Decisionmaking, Purpose Limitation, and Global Opt-Outs for California Stakeholder Sessions

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This week, Future of Privacy Forum policy experts provided testimony in California public Stakeholder Sessions to provide independent policy recommendations for the California Privacy Protection Agency (CPPA). The Agency heard from a variety of speakers and members of the public, on a broad range of issues relevant to forthcoming rulemaking on the California Privacy Rights Act (CPRA).

Specifically, FPF weighed in on automated decisionmaking (ADM), purpose limitation, and global opt-out preference signals. As a non-profit dedicated to advancing privacy leadership and scholarship, FPF typically weighs in with regulators when we identify opportunities to support meaningful privacy protections and principled business practices with respect to emerging and socially beneficial technologies. In California, the 5th largest economy in the world, the newly established California Privacy Protection Agency is tasked with setting standards that will impact data flows across the United States and globally for years to come.

Automated Decision-making (ADM). The subject of “automated decision-making” (ADM) was discussed on Wednesday, May 4th. Although the California Privacy Rights Act does not provide specific statutory rights around ADM technologies, the Agency is tasked with rulemaking to elaborate on how the law’s individual access and opt-out rights should be interpreted with respect to profiling and ADM.

FPF’s Policy Counsel Tatiana Rice raised the following issues for the Agency on automated decision-making:

Consumers’ rights of access for ADM should center on systems that directly and meaningfully impact individuals’ lives, such as those that affect financial opportunities, housing, or employment. The standard “legal or similarly significant

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