BILL ANALYSIS Ó SB 602 Page 1 Date of Hearing: August 17, 2011 ASSEMBLY COMMITTEE ON APPROPRIATIONS Felipe Fuentes, Chair SB 602 (Yee) - As Amended: August 15, 2011 Policy Committee: JudiciaryVote:8-2 Urgency: No State Mandated Local Program: No Reimbursable: SUMMARY This bill establishes restrictions and procedures regarding the disclosure of customers' personal information by book service providers. Specifically, this bill: 1)Stipulates that a book service provider-a commercial entity whose primary purpose is providing the rental, purchase, borrowing, browsing, or viewing or books-may not knowingly disclose to a governmental agency the personal information of a book service user, except under conditions as specified separately for law enforcement and for non-law enforcement entities or a person or private entity. Among these conditions is the issuance of court orders with specified findings. 2)Requires a book service provider to disclose the personal information of a user to any person, private entity, or government entity if the user has given consent to a specific disclosure for a particular purpose. 3)Requires any court issuing a search order or civil discovery order requiring disclosure of a book user's personal information to impose appropriate safeguards against the unauthorized disclosure of personal information by the provider pursuant to the order. 4)Makes knowing disclosure of a user's personal information in violation of the bills restrictions a civil penalty of up to $500 per violation, which may be recovered in an action brought by the user, plus a civil penalty of up to $500 per violation, which may be assessed and recovered in an action brought by the Attorney General or a local prosecutor. SB 602 Page 2 5)Requires book service providers, by March 1 annually, to make available in an online searchable format or submit to the state Office of Privacy Protection if they do not have a website, a specified report regarding incidences of disclosure of users' personal information for the prior calendar year. FISCAL EFFECT Minor cost pressure to the courts from increased caseload. Any additional court costs would likely be absorbed. COMMENTS Purpose . According to the author, as book reading increasingly moves toward using electronic devices and online book services, state law needs to codify the privacy and free speech safeguards guaranteed in the state Constitution and provide clear guidelines for government and third-party access to sensitive reading records. Current reader protections in state law pertain only to library records, not records concerning books browsed or purchased from online or physical booksellers. SB 602, the Reader Privacy Act of 2011 updates reader privacy laws by mirroring the strong privacy and free speech standards in California law to ensure that government and third parties cannot compel disclosure of private reading records without proper justification. This bill is co-sponsored by the American Civil Liberties Union and the Electronic Frontier Foundation. Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081