California Governor Vetoes Bill Banning Sale of Sensitive Consumer Data
Governor Gavin Newsom rejected a proposed ban on trading sensitive consumer information, leaving the burden on individuals to actively opt out of data sharing.
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California Governor Gavin Newsom vetoed a legislative ban on the sale of sensitive consumer data on September 27, 2026, maintaining the advertising industry's ability to trade location, health, and financial information until lawmakers introduce a revised framework in the 2027 legislative session.[4][5]
The rejected legislation would have shifted the state's privacy model from an opt-out system to a strict opt-in requirement for 3 specific sensitive categories. By vetoing the measure, the governor aligned with advertising and business groups who argued the restrictions would severely disrupt digital marketing and the operational revenue of small businesses relying on targeted ads in a $200 billion US digital ad market.[2][3]
Privacy Daily reported that the decision "Pleases Advertisers," as it preserves the data ecosystem necessary for personalized shopping experiences and precise ad targeting.[3]
Consumer advocacy groups expressed immediate disappointment, noting that the veto leaves individuals responsible for manually navigating complex privacy settings across more than 500 registered data brokers in the state. Consumer Reports highlighted the setback, emphasizing the ongoing burden on residents to protect their personal metrics.[1]
Despite the veto on the sales ban, the governor did advance a separate piece of the privacy package. On September 28, 2026, Newsom signed Senate Bill 923 (SB 923), which expands the California Consumer Privacy Act (CCPA), a landmark law originally passed in 2018.[5][6]
Privisy confirmed that with the signing of SB 923, "CCPA Deletion Now Covers Bought Data." This means California residents can now demand that data brokers delete personal information even if that data was purchased from a third party, closing a loophole that previously exempted bought data from deletion requests.[6]
For consumers managing their digital footprint, the immediate actionable takeaway is to utilize existing CCPA opt-out mechanisms and the newly granted deletion rights. Because default protections for sensitive data remain absent from state law, users must actively submit deletion requests to registered data brokers, who then have 45 days to respond under standard CCPA rules.[1][6]
Where opinion splits
Advertising Industry
Preserving the targeted marketing ecosystem.
Advertising and business groups argue that a strict ban on selling sensitive data would cripple the digital marketing ecosystem that supports free online services. They maintain that small businesses rely heavily on targeted advertising to reach local customers efficiently, and that shifting to a strict opt-in model would drastically reduce the availability of actionable consumer insights.
Consumer Privacy Advocates
Pushing for default protections over manual opt-outs.
Privacy advocates argue that sensitive information—such as precise geolocation, personal health conditions, and financial metrics—should be protected by default. They contend that the current opt-out system places an unreasonable burden on consumers, who must navigate complex settings across hundreds of individual data brokers to secure their personal information.
Key points
- Governor Gavin Newsom vetoed a bill that would have banned the sale of sensitive consumer data.
- The advertising industry opposed the ban, arguing it would harm small businesses and digital marketing.
- Newsom signed SB 923, expanding the CCPA to allow consumers to demand deletion of purchased data.
- Consumers must continue to manually opt out of data sharing for location, health, and financial information.
Unanswered questions
- How the advertising industry will adapt its data collection practices in response to the expanded deletion rights under SB 923.
- What specific compromises will be included in the revised sensitive data legislation expected in the 2027 session.
How we got here
2018
California passes the landmark California Consumer Privacy Act (CCPA), establishing baseline data rights.
September 27, 2026
Governor Newsom vetoes the bill banning the sale of sensitive consumer data.
September 28, 2026
Governor Newsom signs SB 923, expanding CCPA deletion rights to cover purchased data.
2027
Expected reintroduction of revised data privacy legislation in the California legislature.
- Advertising Industry
- Argues that banning the sale of sensitive data harms small businesses and disrupts the targeted marketing ecosystem.
- Consumer Privacy Advocates
- Argues that sensitive data like health and location should be protected by default, rather than requiring consumers to navigate complex opt-out processes.
Perspectives this story doesn't cover
- Small business owners relying on targeted ads
- Independent data brokers
Sources
[1]Consumer ReportsConsumer Privacy AdvocatesCalifornia governor vetoes bill banning the sale of sensitive consumer data
Read on Consumer Reports →
[2]MediaPostAdvertising IndustryNewsom Vetoes Ban On Sharing Sensitive Data
Read on MediaPost →
[3]Privacy DailyAdvertising IndustryVeto of Proposed Calif. Ban on Selling Sensitive Data Pleases Advertisers
Read on Privacy Daily →
[4]VitalLaw.comGovernor Vetoes California Bill on Sensitive Data-Sharing
Read on VitalLaw.com →
[5]CA Governor's OfficeGovernor Newsom issues legislative update 9.27.2026
Read on CA Governor's Office →
[6]PrivisyConsumer Privacy AdvocatesSB 923 Signed: CCPA Deletion Now Covers Bought Data
Read on Privisy →
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