BILL NUMBER: AB 1971 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Bonnie Lowenthal
(Principal coauthor: Assembly Member Torlakson)
FEBRUARY 17, 2010
An act to amend Sections 89090, 89090.5, 92630, and 92630.9 of,
and to add Sections 89090.3 and 92630.3 to, the Education Code,
relating to public postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
AB 1971, as introduced, Bonnie Lowenthal. California State
University and University of California: alumni: disclosure.
(1) Existing law establishes the California State University,
administered by the Trustees of the California State University, and
the University of California, administered by the Regents of the
University of California, as 2 of the segments of public
postsecondary education in this state. Existing law establishes the
Hastings College of the Law, under the governance of the Board of
Directors of the Hastings College of the Law, within the University
of California.
Existing law prescribes criteria for the disclosure of the names
and addresses of alumni of the California State University, the
University of California, and the Hastings College of the Law.
Existing law requires that the names, addresses, and electronic mail
addresses of alumni be disclosed only to provide those persons with
informational materials relating to the California State University,
the University of California, and the Hastings College of the Law,
and its programs and activities; to provide those persons, or the
trustees, auxiliary organizations of the California State University,
as defined, or the Regents of the University of California, the
Board of Directors of the Hastings College of the Law, or the alumni
associations with beneficial commercial opportunities; or to promote
and support the educational mission of the California State
University, the University of California, the trustees, the regents,
the Board of Directors of the Hastings College of the Law, or the
alumni associations.
Existing law authorizes this disclosure only if the trustees,
auxiliary organizations, or the alumni associations, in the case of
the California State University, or the regents, the board of
directors, or the alumni associations, in the case of the University
of California and the Hastings College of the Law, have a written
agreement with a business, as defined, that maintains control over
this data that requires the business to maintain the confidentiality
of the names, addresses, and electronic mail addresses of the alumni,
that requires that the university or the college retain the right to
approve or reject any purpose for which the private information is
to be used by the business and to review and approve the text of
mailings sent to alumni, and that prohibits the business from using
the information for any purposes other than those described, and the
disclosure of alumni names, addresses, and electronic mail addresses
does not include the names and addresses of alumni who have directed
the trustees, the regents, the board of directors, or an alumni
association or auxiliary organization, not to disclose their names,
addresses, or electronic mail addresses.
Existing law requires the California State University, the
University of California, and the Hastings College of the Law to make
available to its alumni a specified form or an alternative notice,
including specified information, in a mailing or in an Internet
posting, as prescribed, before alumni names, addresses, and
electronic mail addresses may be disclosed.
Under existing law, the above provisions are applicable to the
University of California and the Hastings College of the Law only to
the extent that the regents or the board of directors act, by
resolution, to make them applicable.
With respect to the form that these institutions are required to
make available to alumni prior to the disclosure of alumni
information, this bill would require that form to be provided to
alumni through a link on the homepage of the Internet Web site of the
alumni association or in the alumni association's privacy policy.
The bill would also express the intent of the Legislature that, by
July 1, 2014, the California State University, the University of
California, and the Hastings College of the Law submit reports to the
Legislature regarding compliance with these provisions.
(2) Existing law specifies that the above provisions are repealed
as of January 1, 2011.
This bill would extend those repeal dates to January 1, 2016.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 89090 of the Education Code is amended to read:
89090. (a) The trustees, alumni associations, and auxiliary
organizations may distribute the names, addresses, and electronic
mail addresses of alumni of the California State University to a
business as described in subdivision (b), in order to accomplish any
or all of the following:
(1) To provide those persons with informational materials relating
to the university and its programs and activities.
(2) To provide those persons, the trustees, the alumni
associations, and the auxiliary organizations with commercial
opportunities that provide a benefit to those persons, or to the
trustees, alumni associations, or auxiliary organizations.
(3) To promote and support the educational mission of the
university, the trustees, the alumni associations, or the auxiliary
organizations.
(b) The disclosures authorized in subdivision (a) shall be
permitted only if all of the following requirements are met:
(1) (A) The trustees, the alumni associations, or the auxiliary
organizations have a written agreement with a business, as defined in
subdivision (a) of Section 1798.80 of the Civil Code, that maintains
control over this data that requires the business to maintain the
confidentiality of the names, addresses, and electronic mail
addresses of the alumni, that requires that the California State
University retain the right to approve or reject any purpose for
which the private information is to be used by the business, and to
review and approve the text of mailings sent to alumni pursuant to
this section, and that prohibits the business from using the
information for any purposes other than those described in
subdivision (a). The text of a mailing intended to be sent to alumni
pursuant to this section shall not be approved by the trustees, the
affected alumni association, or the affected auxiliary organization
unless and until the mailing conspicuously identifies the university,
the alumni association, or the auxiliary organization as associated
with the business described in the mailing.
(B) If an affinity partner, as defined in Section 4054.6 of the
Financial Code, sends any message to any electronic mail address
obtained pursuant to this section, that message shall include at
least both of the following:
(i) The identity of the sender of the message.
(ii) A cost-free means for the recipient to notify the sender not
to electronically transmit any further message to the recipient.
(2) The trustees, an alumni association, or an auxiliary
organization shall not disclose to, or share alumni nonpublic
personal information with, a business, as defined in paragraph (1)
, unless the institution, association, or organization has
clearly and conspicuously notified the alumnus, pursuant to
subdivision (c), that the nonpublic personal information may be
disclosed to the business and that the alumnus has not directed that
the nonpublic personal information not be disclosed.
(3) The disclosure of alumni names, addresses, and electronic mail
addresses does not include the names, addresses, and electronic mail
addresses of alumni who, pursuant to subdivision (c) or in another
manner, have directed the trustees, an alumni association, or an
auxiliary organization not to disclose their names, addresses, or
electronic mail addresses.
(4) No information regarding either of the following is disclosed:
(A) Any The current students of the
California State University.
(B) Any An alumnus who, as a student
at a campus of the California State University, indicated that,
pursuant to the Family Educational Rights and Privacy Act, he or she
did not wish his or her name, address, and electronic mail address to
be disclosed.
(c) (1) The trustees, the affected alumni association, or the
affected auxiliary organization shall satisfy the notice requirements
of subdivision (b) if it uses the form set forth in paragraph (2).
The form set forth in this subdivision or a form that complies with
subparagraphs (A) to (J), inclusive, of this paragraph shall be
provided by the trustees, the alumni association, or the auxiliary
organization to the alumnus as required in this subdivision, and
shall describe the nature of the information the alumnus would
receive should the alumnus choose not to opt out, so that the alumnus
may make a decision and provide direction to the trustees, the
alumni association, or the auxiliary organization regarding the
sharing of his or her name, address, and electronic mail address:
(A) The form uses the title "IMPORTANT PRIVACY CHOICE" and the
header, if applicable, as follows: "Restrict Information Sharing With
Affinity Partners."
(B) The titles and headers in the form are clearly and
conspicuously displayed, and no text in the form is smaller than
10-point type.
(C) The form is a separate document, except as provided by
subparagraph (B) of paragraph (3).
(D) The choice or choices provided in the form are stated
separately, and may be selected by checking a box.
(E) The form is designed to call attention to the nature and
significance of the information in the document.
(F) The form presents information in clear and concise sentences,
paragraphs, and sections.
(G) The form uses short explanatory sentences (an average of 15 to
20 words) or bullet lists whenever possible.
(H) The form avoids multiple negatives, legal terminology, and
highly technical terminology whenever possible.
(I) The form avoids explanations that are imprecise and readily
subject to different interpretations.
(J) The form is not more than one page.
(2) The form reads as follows:
IMPORTANT PRIVACY CHOICE
You have the right to control whether we share your name, address,
and electronic mail address with our affinity partners (companies
that we partner with to offer products or services to our alumni).
Please read the following information carefully before you make your
choice below:
Your Rights
You have the following rights to restrict the sharing of your
name, address, and electronic mail address with our affinity
partners. This form does not prohibit us from sharing your
information when we are required to do so by law. This includes
sending you information about the alumni association, the university,
or other products or services.
Your Choice
Restrict Information Sharing With Affinity Partners:
Unless you say "NO," we may share your name, address, and
electronic mail address with our affinity partners. Our affinity
partners may send you offers to purchase various products or services
that we may have agreed they can offer in partnership with us.
( ) NO, please do not share my name, address, and electronic mail
address with your affinity partners.
Time Sensitive Reply
You may decide at any time that you do not want us to share your
information with our affinity partners. Your choice marked here will
remain unless you state otherwise. However, if we do not hear from
you, we may share your name, address, and electronic mail address
with our affinity partners.
If you decide that you do not want to receive information from our
partners, you may do one of the following:
(1) Call this toll-free telephone number: (xxx-xxx-xxxx).
(2) Reply electronically by contacting us through the following
Internet option: xxxxxxxxxxxx.com.
(3) Fill out, sign, and send back this form to us at the following
address (you may want to make a copy for your records).
Xxxxxxxxxxxxxxxxx
Xxxxxxxxxxxxxxxxx
Xxxxxxxxxxxxxxxxx
Name:
Address:
Signature:
(3) (A) The trustees, the affected alumni association, or the
affected auxiliary organization shall not be in violation of this
subdivision solely because they include in the form one or more brief
examples or explanations of the purpose or purposes for which, or
the context within which, names, addresses, and electronic mail
addresses will be shared, as long as those examples meet the clarity
and readability standards set forth in paragraph (1).
(B) The form shall be provided to alumni in each of the following
communications:
(i) The solicitation to students, upon their graduation, from the
trustees or the alumni association, encouraging students to join the
alumni association or to avail themselves of the services or benefits
of the association, shall include the form.
(ii) The alumni association magazine or newsletter, or both, shall
include the form on an annual or more frequent basis.
(iii) The Internet Web site for the alumni association
shall include a link to the form. form, which
shall be located on either the homepage of the association's
Internet Web site or in the association's privacy policy.
(iv) A one-time mailing to all alumni on the university mailing
list as of January 1, 2006.
(v) An annual electronic communication to those alumni for whom
electronic mail addresses are available.
(4) The trustees, the affected alumni associations, or the
affected auxiliary organizations shall provide at least two
alternative cost-free means for alumni to communicate their privacy
choices, such as calling a toll-free telephone number or using
electronic means. The trustees, the alumni association, or the
auxiliary organization shall clearly and conspicuously disclose in
the form required by this subdivision the information necessary to
direct the alumnus on how to communicate his or her choice, including
the toll-free telephone or facsimile number or Web site address that
may be used, if those means of communication are offered.
(5) (A) An alumnus may direct at any time that his or her name,
address, and electronic mail address not be disclosed. The trustees,
the affected alumni association, or the affected auxiliary
organization shall comply with the direction of an alumnus concerning
the sharing of his or her name, address, and electronic mail address
within 45 days of receipt by the trustees, the alumni association,
or the auxiliary organization. When an alumnus directs that his or
her name, address, and electronic mail address not be disclosed, that
direction is in effect until otherwise stated by the alumnus.
(B) Nothing in this subdivision shall prohibit the disclosure of
the name, address, and electronic mail address of an alumnus as
allowed by other applicable provisions of state law.
(6) The trustees, or the affected alumni association or the
affected auxiliary organization, may provide a joint notice from the
trustees or from one or more alumni associations, as identified in
the notice, so long as the notice is accurate with respect to the
trustees and the alumni association or associations or auxiliary
organization or organizations participating in the joint notice.
(d) As used in this section, "auxiliary organization" has the same
meaning as is set forth in Section 89901.
(e) This section shall not be construed to authorize the release
of any social security numbers.
SEC. 2. Section 89090.3 is added to the Education Code, to read:
89090.3. It is the intent of the Legislature that, on or before
July 1, 2014, the California State University provide a letter to the
Assembly Committee on Judiciary and the Senate Committee on
Judiciary containing all of the following information:
(a) A survey of the affinity partnership agreements for each
campus, including how many alumni have opted out of those agreements,
and a description of the affinity partnership program.
(b) Whether alumni are receiving opt-out forms pursuant to
paragraph (1) of subdivision (c) of Section 89090, and if so, a
description of when the alumni receive those forms and the manner in
which the alumni receive the forms.
(c) Whether alumni are receiving an annual electronic
communication pursuant to paragraph (3) of subdivision (c) of Section
89090.
(d) Whether campuses are using the statutory opt-out form, as set
forth in paragraph (2) of subdivision (c) of Section 89090, or
another form that meets the requirements of subdivision (c) of
Section 89090.
(e) Whether the opt-out form is provided on the homepage of the
alumni association's Internet Web site or in the alumni association's
privacy policy.
SEC. 3. Section 89090.5 of the Education Code is amended to read:
89090.5. This article shall remain in effect only until January
1, 2011, 2016, and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2011, 2016, deletes or
extends that date.
SEC. 4. Section 92630 of the Education Code is amended to read:
92630. (a) The regents and alumni associations may distribute the
names, addresses, and electronic mail addresses of alumni of the
University of California or the Hastings College of the Law to a
business as described in subdivision (b) in order to accomplish any
or all of the following:
(1) To provide those persons with informational materials
relating to the university or college and its programs and
activities.
(2) To provide those persons, the regents, the board of
directors, and the alumni associations with commercial opportunities
that provide a benefit to those persons, or to the regents, the board
of directors, or the alumni associations.
(3) To promote and support the educational mission of the
university, the regents, the board of directors, or the alumni
associations.
(b) The disclosures authorized in subdivision (a) shall be
permitted only if all of the following requirements are met:
(1) (A) The regents, the board of directors, or the alumni
associations have a written agreement with a business, as defined in
subdivision (a) of Section 1798.80 of the Civil Code that maintains
control over this data that requires the business to maintain the
confidentiality of the names, addresses, and electronic mail
addresses of the alumni, that requires that the University of
California or the Hastings College of the Law retain the right to
approve or reject any purpose for which the private information is to
be used by the business and to review and approve the text of
mailings sent to alumni pursuant to this section, and that prohibits
the business from using the information for any purposes other than
those described in subdivision (a). The text of a mailing intended to
be sent to alumni pursuant to this section shall not be approved by
the regents or the affected alumni association unless and until the
mailing conspicuously identifies the university or the alumni
association as associated with the business described in the mailing.
(B) If an affinity partner, as defined in Section 4054.6 of the
Financial Code, sends any message to any electronic mail address
obtained pursuant to this section, that message shall include at
least both of the following:
(i) The identity of the sender of the message.
(ii) A cost-free means for the recipient to notify the sender not
to electronically transmit any further message to the recipient.
(2) The regents, the board of directors, or an alumni association
shall not disclose to, or share a consumer's nonpublic personal
information with, a business, as defined in paragraph (1), unless the
institution, association, or organization has clearly and
conspicuously notified the consumer pursuant to subdivision (c), that
the nonpublic personal information may be disclosed to the business
and that the alumnus has not directed that the nonpublic personal
information not be disclosed.
(3) The disclosure of alumni names, addresses, and electronic
mail addresses does not include the names, addresses, and electronic
mail addresses of alumni who, pursuant to subdivision (c) or in
another manner, have directed the regents, the board of directors, or
an alumni association not to disclose their names, addresses, or
electronic mail addresses.
(4) No information regarding either of the following is disclosed:
(A) Any The current students of the
University of California or the Hastings College of the Law.
(B) Any An alumnus who, as a student
of a campus of the University of California or the Hastings College
of the Law, indicated that, pursuant to the Family Educational Rights
and Privacy Act, he or she did not wish his or her name, address,
and electronic mail address to be disclosed.
(c) (1) The regents, the board of directors, or the affected
alumni association shall satisfy the notice requirements of
subdivision (b) if it uses the form set forth in paragraph (2). The
form set forth in this subdivision or a form that complies with
subparagraphs (A) to (J), inclusive, of this paragraph shall be
provided by the regents, the board of directors, or the alumni
association to the alumnus as required in this subdivision, and shall
describe the nature of the information the alumnus would receive
should the alumnus choose not to opt out, so that the alumnus may
make a decision and provide direction to the regents and the alumni
association regarding the sharing of his or her name, address, and
electronic mail address:
(A) The form uses the title "IMPORTANT PRIVACY CHOICE" and the
header, if applicable, as follows: "Restrict Information Sharing With
Affinity Partners."
(B) The titles and headers in the form are clearly and
conspicuously displayed, and no text in the form is smaller than
10-point type.
(C) The form is a separate document, except as provided by
subparagraph (B) of paragraph (3).
(D) The choice or choices provided in the form are stated
separately, and may be selected by checking a box.
(E) The form is designed to call attention to the nature and
significance of the information in the document.
(F) The form presents information in clear and concise sentences,
paragraphs, and sections.
(G) The form uses short explanatory sentences (an average of 15 to
20 words) or bullet lists whenever possible.
(H) The form avoids multiple negatives, legal terminology, and
highly technical terminology whenever possible.
(I) The form avoids explanations that are imprecise and readily
subject to different interpretations.
(J) The form is not more than one page.
(2) The form reads as follows:
IMPORTANT PRIVACY CHOICE
You have the right to control whether we share your name, address,
and electronic mail address with our affinity partners (companies
that we partner with to offer products or services to our alumni).
Please read the following information carefully before you make your
choice below:
Your Rights
You have the following rights to restrict the sharing of your
name, address, and electronic mail address with our affinity
partners. This form does not prohibit us from sharing your
information when we are required to do so by law. This includes
sending you information about the alumni association, the university,
or other products or services.
Your Choice
Restrict Information Sharing With Affinity Partners:
Unless you say "NO," we may share your name, address, and
electronic mail address with our affinity partners. Our affinity
partners may send you offers to purchase various products or services
that we may have agreed they can offer in partnership with us.
( ) NO, please do not share my name, address, and electronic mail
address with your affinity partners.
Time Sensitive Reply
You may decide at any time that you do not want us to share your
information with our partners. Your choice marked here will remain
unless you state otherwise. However, if we do not hear from you, we
may share your name, address, and electronic mail address with our
affinity partners.
If you decide that you do not want to receive information from our
partners, you may do one of the following:
(1) Call this toll-free telephone number: (xxx-xxx-xxxx).
(2) Reply electronically by contacting us through the following
Internet option: xxxxxxxxxxxx.com.
(3) Fill out, sign, and send back this form to us at the following
address (you may want to make a copy for your records).
Xxxxxxxxxxxxxxxxx
Xxxxxxxxxxxxxxxxx
Xxxxxxxxxxxxxxxxx
Name:
Address:
Signature:
(3) (A) The regents, the board of directors, or the affected
alumni association shall not be in violation of this subdivision
solely because they include in the form one or more brief examples or
explanations of the purpose or purposes for which, or the context
within which, names, addresses, and electronic mail addresses will be
shared, as long as those examples meet the clarity and readability
standards set forth in paragraph (1).
(B) The form shall be provided to alumni in each of the following
communications:
(i) The solicitation to students, upon their graduation, from the
regents, the board of directors, or the alumni association,
encouraging students to join the alumni association or to avail
themselves of the services or benefits of the association, shall
include the form.
(ii) The alumni association magazine or newsletter, or both, shall
include the form on an annual or more frequent basis.
(iii) The Internet Web site for the alumni association
shall include a link to the form. form, which
shall be located on either the homepage of the association's
Internet Web site or in the association's privacy policy.
(iv) A one-time mailing to all alumni on the university or college
mailing list as of January 1, 2006.
(v) An annual electronic communication to those alumni for whom
electronic mail addresses are available.
(4) The regents, the board of directors, or the affected alumni
associations shall provide at least two alternative cost-free means
for alumni to communicate their privacy choice, such as calling a
toll-free telephone number, or using electronic means. The regents,
the board of directors, or the alumni association shall clearly and
conspicuously disclose in the form required by this subdivision the
information necessary to direct the alumnus on how to communicate his
or her choices, including the toll-free telephone or facsimile
number or Web site address that may be used, if those means of
communication are offered.
(5) (A) An alumnus may direct at any time that his or her name,
address, and electronic mail address not be disclosed. The regents,
the board of directors, or the affected alumni association shall
comply with the direction of an alumnus concerning the sharing of his
or her name, address, and electronic mail address within 45 days of
receipt by the regents, the board of directors, or the alumni
association. When an alumnus directs that his or her name, address,
or electronic mail address not be disclosed, that direction is in
effect until otherwise stated by the alumnus.
(B) Nothing in this subdivision shall prohibit the disclosure of
the name, address, or electronic mail address of an alumnus as
allowed by other applicable provisions of state law.
(6) The regents, the board of directors, or the affected alumni
association may provide a joint notice from the regents, from the
board of directors, or from one or more alumni associations, as
identified in the notice, so long as the notice is accurate with
respect to the regents or the board of directors and the alumni
association or associations participating in the joint notice.
(d) This section shall not be construed to authorize the release
of any social security numbers.
SEC. 5. Section 92630.3 is added to the Education Code, to read:
92630.3. It is the intent of the Legislature that, on or before
July 1, 2014, the University of California and the Hastings College
of the Law provide a letter to the Assembly Committee on Judiciary
and the Senate Committee on Judiciary containing all of the following
information:
(a) A survey of the affinity partnership agreements for each
campus, including how many alumni have opted out of those agreements,
and a description of the affinity partnership program.
(b) Whether alumni are receiving opt-out forms pursuant to
paragraph (1) of subdivision (c) of Section 92630, and if so, a
description of when the alumni receive those forms and the manner in
which the alumni receive the forms.
(c) Whether alumni are receiving an annual electronic
communication pursuant to paragraph (3) of subdivision (c) of Section
92630.
(d) Whether campuses are using the statutory opt-out form, as set
forth in paragraph (2) of subdivision (c) of Section 92630, or
another form that meets the requirements of subdivision (c) of
Section 92630.
(e) Whether the opt-out form is provided on the homepage of the
alumni association's Internet Web site or in the alumni association's
privacy policy.
SEC. 6. Section 92630.9 of the Education Code is amended to read:
92630.9. This article shall remain in effect only until January
1, 2011, 2016, and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2011, 2016, deletes or
extends that date.