BILL NUMBER: SB 1664	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Karnette

                        FEBRUARY 20, 2004

   An act to amend Section 1798.80 of the Civil Code, relating to
customer records.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1664, as introduced, Karnette.  Customer records:  personal
information:  disposal.
   Existing law requires a business, as defined, to destroy, or
arrange for the destruction of, a customer's records containing a
customer's personal information by shredding, erasing, or otherwise
modifying the personal information in those records to make
information therein unreadable or undecipherable through any means.
Any customer injured by a business' violation of these provisions is
entitled to institute a civil action to recover damages, obtain
injunctive relief, or seek other remedies.
   This bill would expand the definition of "business" for these
purposes to include a subcontractor of a business that is entrusted
with a customer's personal information.
   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.  Section 1798.80 of the Civil Code is amended to read:
   1798.80.  The following definitions apply to this title:
   (a) "Business" means a sole proprietorship, partnership,
corporation, association, or other group, however organized and
whether or not organized to operate at a profit, including a
financial institution organized, chartered, or holding a license or
authorization certificate under the law of this state, any other
state, the United States, or of any other country, or the parent or
the subsidiary of a financial institution.   "Business" includes
a subcontractor of a business that is entrusted with a customer's
personal information.   The term  also  includes an
entity that destroys records.
   (b) "Records" means any material, regardless of the physical form,
on which information is recorded or preserved by any means,
including in written or spoken words, graphically depicted, printed,
or electromagnetically transmitted.  "Records" does not include
publicly available directories containing information an individual
has voluntarily consented to have publicly disseminated or listed,
such as name, address, or telephone number.
   (c) "Customer" means an individual who provides personal
information to a business for the purpose of purchasing or leasing a
product or obtaining a service from the business.
   (d) "Individual" means a natural person.
   (e) "Personal information" means any information that identifies,
relates to, describes, or is capable of being associated with, a
particular individual, including, but not limited to, his or her
name, signature, social security number, physical characteristics or
description, address, telephone number, passport number, driver's
license or state identification card number, insurance policy number,
education, employment, employment history, bank account number,
credit card number, debit card number, or any other financial
information.