BILL NUMBER: AB 422	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Silva

                        FEBRUARY 14, 2011

   An act to amend Section 1798.3 of the Civil Code, relating to the
Information Practices Act of 1977.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 422, as introduced, Silva. Information Practices Act of 1977:
definitions.
   Existing law, known as the Information Practices Act of 1977,
imposes limitations on the right of state governmental agencies to
disclose personal information about an individual.
   This bill would make technical, nonsubstantive changes to the
definitions in that act.
   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 1798.3 of the Civil Code is amended to read:
   1798.3.  As used in this chapter  , the following terms have
the following meanings  : 
   (a) The term "personal information" means any information that is
maintained by an agency that identifies or describes an individual,
including, but not limited to, his or her name, social security
number, physical description, home address, home telephone number,
education, financial matters, and medical or employment history. It
includes statements made by, or attributed to, the individual.
 
   (b) The term "agency" 
    (a)     "Agency"  means every state
office, officer, department, division, bureau, board, commission, or
other state agency, except that the term agency shall not include:
   (1) The California Legislature.
   (2) Any agency established under Article VI of the California
Constitution.
   (3) The State Compensation Insurance Fund, except as to any
records which contain personal information about the employees of the
State Compensation Insurance Fund.
   (4) A local agency, as defined in subdivision (a) of Section 6252
of the Government Code. 
   (c) The term "disclose" 
    (b)     "Disclosure"  means to
disclose, release, transfer, disseminate, or otherwise communicate
all or any part of any record orally, in writing, or by electronic or
any other means to any person or entity. 
   (d) The term "individual" 
    (c)     "Individual"  means a natural
person. 
   (e) The term "maintain" 
    (d)     "Maintain"  includes maintain,
acquire, use, or disclose. 
   (f) The term "person" 
    (e)     "Person"  means any natural
person, corporation, partnership, limited liability company, firm, or
association. 
   (f) "Personal information" means any information that is
maintained by an agency that identifies or describes an individual,
including, but not limited to, his or her name, social security
number, physical description, home address, home telephone number,
education, financial matters, and medical or employment history. It
includes statements made by, or attributed to, the individual. 
   (g)  The term "record"   "Record"  
 means any file or grouping of information about an individual
that is maintained by an agency by reference to an identifying
particular such as the individual's name, photograph, finger or voice
print, or a number or symbol assigned to the individual.
   (h)  The term "system of records"   "System
of records"  means one or more records, which pertain to one or
more individuals, which is maintained by any agency, from which
information is retrieved by the name of an individual or by some
identifying number, symbol or other identifying particular assigned
to the individual.
   (i)  The term "governmental entity,"   "
  Governmental   entity,"  except as used in
Section 1798.26, means any branch of the federal government or of the
local government.
   (j)  The term "commercial purpose"  
"Commercial purpose"  means any purpose  which 
 that  has financial gain as a major objective. It does not
include the gathering or dissemination of newsworthy facts by a
publisher or broadcaster.
   (k)  The term "regulatory agency"  
"Regulatory   agency"  means the Department of
Financial Institutions, the Department of Corporations, the
Department of Insurance, the Department of Real Estate, and agencies
of the United States or of any other state responsible for regulating
financial institutions.