BILL NUMBER: AB 429 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 14, 2007
AMENDED IN ASSEMBLY APRIL 10, 2007
INTRODUCED BY Assembly Member Evans
FEBRUARY 16, 2007
An act to add Section 1865.5 to the Civil Code, relating to
lodging.
LEGISLATIVE COUNSEL'S DIGEST
AB 429, as amended, Evans. Lodging: privacy.
Existing law prescribes the rights and responsibilities of
innkeepers, hotelkeepers, and boardinghouse or lodginghouse keepers,
among others, in relation to their guests, boarders, tenants, or
lodgers, as specified.
This bill would prohibit an innkeeper from disseminating the
personal information of a guest, as defined, to any 3rd party, with
specified exceptions.
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 hereby finds and declares:
(a) Guests of lodging establishments have a reasonable expectation
that dissemination of their personal information will be limited in
order to protect their privacy and security.
(b) Lodging establishments will benefit from statutory guidance
relating to the release of personal information not initiated,
requested, or consented to by guests of hotels or similar forms of
accommodation.
(c) Thus, this act shall govern the dissemination of personal
information not initiated, requested, or consented to by guests in
hotels or similar forms of transient lodging establishments.
SEC. 2. Section 1865.5 is added to the Civil Code, to read:
1865.5. (a) Except as provided in subdivision (b), an innkeeper
shall not disseminate the personal information of a guest to any
third party.
(b) The personal information of a guest may be disseminated to a
third party only under the following circumstances:
(1) If dissemination is initiated, requested, or consented to by
the guest.
(2) If the information is provided in order to comply with a
subpoena or other court order.
(3) If the information is provided to an individual or entity
involved in processing the guest's transaction.
(4)
(3) If dissemination is made to address accounting or
billing issues.
(5)
(4) If dissemination is to a travel agent, booking
authority, meeting planner, or any other person involved in booking
or arranging the hotel stay.
(6)
(5) If the dissemination is necessary to protect the
immediate health, safety, or security of the guest or guests.
(c) For purposes of this section:
(1) "Guest" has the meaning specified in subdivision (b) of
Section 1865.
(2) "Hotel" has the meaning specified in subdivision (a) of
Section 1865.
(3) "Innkeeper" has the meaning specified in subdivision (a) of
Section 1865.
(4) "Personal information" means information personally
identifiable to a guest, including, but not limited to, name, room
number, personal address, telephone number, driver's license or state
identification card number, passport number, debit card number, or
credit card number.