BILL NUMBER: SB 1330 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 9, 2004
AMENDED IN ASSEMBLY JUNE 30, 2004
AMENDED IN ASSEMBLY JUNE 17, 2004
AMENDED IN SENATE APRIL 15, 2004
INTRODUCED BY Senator Murray
FEBRUARY 18, 2004
An act to add Title 2.7 (commencing with Section 1634) to
Part 2 of Division 3 of Section 1798.83.7 to
the Civil Code, and to amend Section 629.51 of the Penal Code,
relating to invasions of privacy.
LEGISLATIVE COUNSEL'S DIGEST
SB 1330, as amended, Murray. Privacy: interception of
communications.
Existing law generally prohibits a person, maliciously and without
the consent of all parties to the communication, from intercepting
or receiving a communication transmitted between specified
communication devices, or from assisting in these acts. Existing law
prohibits a person, without consent, from intercepting, receiving,
and intentionally recording a communication transmitted between these
communication devices, or from assisting in these acts. Further,
existing law forbids the intentional and unconsented to eavesdropping
on or recordation of a confidential communication, as specified.
However, existing law allows specified law enforcement officials to
apply for an order authorizing the interception of a wire, electronic
pager, or electronic cellular telephone communication, as specified.
Existing law defines "electronic cellular telephone communication"
for these purposes to mean any cellular or cordless radio
communication.
This bill would make findings and declarations of the Legislature
concerning interception of confidential communications. It
The bill would limit the term "electronic
cellular telephone communication" for purposes of these provisions
authorizing law enforcement interceptions of communication by court
order. In particular, the bill would specify that the term does not
include a confidential communication between parties conducted only
in the presence of one another that is intercepted by a cellular or
cordless radio telephone or similar device used with the sole purpose
of eavesdropping upon or recording that type of communication.
This bill would also prohibit a provider of embedded automotive
telematic services , as defined, from collecting, selling,
sharing, transferring, or otherwise disclosing nonpublic personal
information, as specified, without the explicit prior consent of the
consumer or subscriber to whom the nonpublic personal
information relates, offered in a clear and conspicuous manner,
unless the collection or disclosure is necessary to
effect, administer, or enforce an agreement with the consumer or
subscriber. Specified rights and remedies would apply to a
violation thereof .
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares that existing law
forbids the interception, recordation, or transmission of any
confidential communication between natural persons made while in each
other's presence where that interception, recordation, or
transmission is effected without consent using any machine,
instrument, or contrivance, except as expressly provided for in this
chapter. The Legislature intends the language which speaks to
interception of communication by "cellular or cordless radio
telephone or similar device" to be read broadly to include all
digital, analog, or other modes of transmission of communication, as
well as all media of transfer of communication.
SEC. 2. Title 2.7 (commencing with Section 1634) is added to Part
2 of Division 3 of the Civil Code, to read:
TITLE 2.7. AUTOMOTIVE TELEMATIC DEVICES
1634.
SEC. 2. Section 1798.83.7 is added to the Civil Code, to read:
1798.83.7. (a) A provider of embedded automotive telematic
services shall not collect, sell, share, transfer, or otherwise
disclose nonpublic personal information without the explicit prior
consent of the consumer or subscriber to the service to
whom the nonpublic personal information relates, offered in a clear
and conspicuous manner, unless the collection or
disclosure is necessary to effect, administer, or enforce an
agreement with the consumer or subscriber . If the
disclosure is made, the use of the nonpublic personal information
shall be limited to that information necessary to effect, administer,
or enforce the agreement.
(b) For the purposes of this section the following definitions
shall apply:
(1) (A) "Nonpublic personal information" means personally
identifiable information (1) provided by a consumer to a provider of
embedded automotive telematic services, (2) resulting from any
transaction with the consumer or any service performed for the
consumer, or (3) otherwise obtained by the provider of embedded
automotive telematic services. Nonpublic personal information shall
include any list, description, or other grouping of consumers, and
publicly available information pertaining to them, that is derived
using any nonpublic personal information.
(B) Nonpublic personal information does not include publicly
available information that is generally and readily made available to
the general public from federal, state, or local government records,
or disclosures that are required to be made by federal, state, or
local law or court order, or obtained from a publicly available
directory where the consumer has voluntarily consented to have the
information publicly disseminated or listed, such as a name, address,
or telephone number.
(2) "Personally identifiable information" means information that
(A) a consumer provides to obtain a product or service, (B) about a
consumer resulting from any transaction involving a product or
service between the provider of embedded automotive telematic
services and a consumer, or (C) that the provider of embedded
automotive telematic services otherwise obtains about a consumer in
connection with providing a product or service to that consumer.
(3) "Necessary to effect, administer, or enforce" means the
following:
(A) The disclosure is required, or is a usual, appropriate, or
acceptable method to carry out the transaction or the product or
service business of which the transaction is a part, and record or
service or maintain the consumer's account in the ordinary course of
providing the embedded automotive telematic services, or to
administer or service benefits or claims relating to the transaction
or the product or service business of which it is a part.
(B) The disclosure is required or is one of the lawful or
appropriate methods to enforce the rights of the provider of embedded
automotive telematic services or of other persons engaged in
carrying out or providing the product or service.
(C) The disclosure is required, or is a usual, appropriate, or
acceptable method, in connection with the authorization, settlement,
billing, processing, clearing, transferring, reconciling, or
collection of amounts charged, debited, or otherwise paid using a
debit, credit or other payment card, check, or account number, or by
other payment means.
(D) The disclosure is otherwise required or specifically permitted
by federal or state law.
(4) As used in this section, "embedded
"Embedded automotive telematic device" means any system or
device that is integrated into a vehicle and combines wireless voice
and data communication systems in order to aurally provide a vehicle
occupant with information and services from a central service center,
and to provide the central service center with information regarding
the vehicle, including automatic airbag deployment notification,
vehicle tracking, personalized information, real-time traffic data,
roadside assistance, and entertainment.
SEC. 3. Section 629.51 of the Penal Code is amended to read:
629.51. For the purposes of this chapter, the following terms
have the following meanings:
(a) "Wire communication" means any aural transfer made in whole or
in part through the use of facilities for the transmission of
communications by the aid of wire, cable, or other like connection
between the point of origin and the point of reception (including the
use of a like connection in a switching station), furnished or
operated by any person engaged in providing or operating these
facilities for the transmission of communications, and the term
includes any electronic storage of these communications.
(b) "Electronic pager communication" means any tone or digital
display or tone and voice pager communication.
(c) "Electronic cellular telephone communication" means any
cellular or cordless radio telephone communication, except that it
does not include a confidential communication between parties
conducted only in the presence of one another that is intercepted by
a cellular or cordless radio telephone or similar device used for the
sole purpose of eavesdropping upon or recording that type of
communication.
(d) "Aural transfer" means a transfer containing the human voice
at any point between and including the point of origin and the point
of reception.
SEC. 4. Nothing in this act shall be construed to allow any person
or entity in the business of renting passenger vehicles to the
public that uses electronic surveillance technology, as defined in
Section 1936 of the Civil Code, in its rental vehicles to use,
access, obtain, or disclose information relating to the renter's use
of the rental vehicle that was obtained using that technology, in
contravention with the changes made to Section 1936 of the Civil Code
by Assembly Bill 2840 of the 2003-04 Regular Session of the
Legislature.