BILL ANALYSIS Ó AB 179 Page 1 Date of Hearing: May 8, 2013 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mike Gatto, Chair AB 179 (Bocanegra) - As Amended: April 24, 2013 Policy Committee: TransportationVote:16-0 Urgency: No State Mandated Local Program: Yes Reimbursable: No SUMMARY This bill expands the privacy protections currently afforded to electronic toll collection subscribers to also include users of electronic transit fare collection systems, as defined. These existing protections include: 1)Requiring the transportation agencies to establish a privacy policy, as specified, provide this policy to subscribers, and post the policy on the agencies' websites. 2)Authorizing the agencies to store only personally identifiable information on subscribers as needed to perform accounting functions and enforcement activities, and requiring all other personal account information to be discarded within 4.5 years after the closure of a billing cycle. 3)Requiring the agencies to take every effort to purge personal account information after an account is closed or terminated, and in no case to maintain such information more than 4.5 years after termination. 4)Authorizing a person whose personally identifiable information has been sold or provided in violation of the above to bring an action to recover the greater of actual damages or $2,500 for each individual violation ($4,000 for three or such incidents) plus reasonable costs and attorney's fees. FISCAL EFFECT AB 179 Page 2 Any additional costs to local transit agencies will not be state-reimbursable, because the agencies have existing authority to recover their costs through administrative fees. COMMENTS Background and Purpose . SB 1268 (Simitian)/Chapter 564 of 2003, imposed the protections described above on electronic toll collection systems. This bill is intended to also protect the privacy of public transportation patrons who use an electronic transit pass by limiting the use of personal information that is collected every time the pass is swiped, or tapped. The bill's introduction follows media accounts of privacy concerns related to these systems. The bill is supported by the American Civil Liberties Union and the Privacy Rights Clearinghouse. Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081