Ambiguity in CPRA Imperils Content Intended for Underrepresented Communities

In November 2020, California voters approved a new data privacy law. Unfortunately, the law contains a provision that may threaten the future of digital content for underrepresented communities. California’s new law, the California Privacy Rights Act, includes provisions that prohibit “revealing” a consumer’s racial or ethnic origin, religious or philosophical beliefs, and sex life or sexual orientation. The beneficial intent behind this provision is unassailable, but regulations need to carefully be tailored to allow digital content providers to provide free content to users interested in issues affecting people of color, LGBTQ communities and other groups. Otherwise, the very groups intended to benefit from these protections will lose access to key content affecting issues of critical importance to them.