Amended in Assembly January 6, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 319


Introduced by Assembly Member Campos

February 12, 2013


An act to addbegin delete Chapter 22.1 (commencing with Section 22580) to Division 8 of the Business and Professions Code,end deletebegin insert Section 53121 to the Government Codeend insertbegin insert,end insert relating tobegin delete privacy.end deletebegin insert emergency telephone systems.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 319, as amended, Campos. begin deleteInternet Web sites and online services: minors. end deletebegin insertEmergency telephone systems: domestic violence.end insert

begin insert

Existing law, the Warren-911-Emergency Assistance Act, requires every local public agency within its respective jurisdiction to establish and have in operation a basic emergency telephone system, as provided, or to be part of such a system.

end insert
begin insert

This bill would prohibit a local or state public agency from imposing a limit or a penalty for a person using an emergency telephone system to report domestic violence, as defined.

end insert
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Existing law requires an operator of a commercial Web site or online service that collects personally identifiable information through the Internet about individual consumers residing in California who use or visit its commercial Web site or online service to make its privacy policy available to the consumers, as specified.

end delete
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This bill would require an operator of an Internet Web site or online service directed to minors and the operator of an Internet Web site or online service that has actual knowledge that it is collecting personal information from a minor to provide notice on the Internet Web site of what information is collected from minors by the operator and how the operator uses the information. The bill would require the operator to provide specified information to the parent of a minor that has provided personal information to the Internet Web site or online service and to provide the parent with the opportunity to refuse to permit the operator’s further use or future collection of personal information from the minor. The bill would prohibit an operator from conditioning a minor’s participation in specified activities upon disclosure of more information than is reasonably necessary. The bill would require the operator of an Internet Web site or online service directed to minors to establish and maintain reasonable procedures to protect the confidentiality, security, and integrity of personal information collected from minors.

end delete
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Existing law specifies penalties for unfair competition, which includes an unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising. A civil action for enforcement of the prohibition on unfair competition may be brought in the name of the people of the state by the Attorney General, by any district attorney, by any county counsel authorized in actions involving violation of a county ordinance, by any city attorney of a city having a population in excess of 750,000, by any city attorney of any city and county, or, with the consent of the district attorney, by a city prosecutor in any city having a full-time city prosecutor, in any court of competent jurisdiction, or by a person who has suffered injury in fact and has lost money or property as a result of the unfair competition.

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This bill would make a violation of its provisions regulating operators of Internet Web sites and online services subject to enforcement under these provisions prohibiting unfair competition.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 53121 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
2to read:end insert

begin insert
3

begin insert53121.end insert  

(a) A public agency shall not limit the number of calls
4a person may make to an emergency telephone system for reporting
5domestic violence. A public agency shall not charge a penalty to
6a person for making a call to report domestic violence.

7(b) As used in this section, “domestic violence” means domestic
8violence, as defined in Section 6211 of the Family Code.

end insert
begin delete
P3    1

SECTION 1.  

Chapter 22.1 (commencing with Section 22580) is
2added to Division 8 of the Business and Professions Code, to read:

3 

4Chapter  22.1. Children’s Online Privacy Protection
5

 

6

22580.  

For purposes of this chapter, the following definitions
7apply:

8(a) “Minor” means a person under 18 years of age.

9(b) “Operator” means a person that operates an online service
10or a Web site located on the Internet and that collects or maintains
11personal information from or about the users of, or visitors to, the
12Internet Web site or online service or on whose behalf the
13information is collected or maintained.

14(c) “Disclosure” means both of the following:

15(1) The release of personal information collected from a minor
16in identifiable form by an operator for any purpose, except where
17the information is provided to a person other than the operator that
18provides support for the internal operations of the Internet Web
19site and does not disclose or use that information for any other
20purpose.

21(2) Making personal information collected from a minor by an
22Internet Web site or online service directed to minors or with actual
23knowledge that such information was collected from a minor
24publicly available in identifiable form by any means, including by
25a public posting, through the Internet, or through a homepage of
26an Internet Web site, a pen pal service, an email service, a message
27board, or a chat room.

28(d) “Personal information” means individually identifiable
29information about an individual collected online, including a first
30and last name, a home or other physical address including street
31name and name of a city or town, an email address, a telephone
32 number, a social security number, any other identifier that the
33department determines permits the physical or online contacting
34of a specific individual, or information concerning the minor or
35the parents of that minor that the Internet Web site collects online
36from the minor and combines with an identifier described in this
37paragraph.

38(e) “Internet Web site or online service directed to minors”
39means an Internet Web site or online service that is targeted to
40minors or that portion of an Internet Web site or online service
P4    1that is targeted to minors. An Internet Web site or online service,
2or a portion of an Internet Web site or online service, shall not be
3deemed directed to minors solely for referring to or linking to a
4commercial Internet Web site or online service directed to minors
5by using information location tools, including a directory, index,
6reference, pointer, or hypertext link.

7(f) “Person” means any individual, partnership, corporation,
8trust, estate, cooperative, association, or other entity.

9(g) “Online contact information” means an email address or
10another substantially similar identifier that permits direct contact
11with a person online.

12

22581.  

(a) It is unlawful for an operator of an Internet Web
13site or online service directed to minors or an operator that has
14actual knowledge that it is collecting personal information from a
15minor to collect personal information from a minor in a manner
16that violates any of the following:

17(1) An operator of an Internet Web site or online service directed
18to minors that collects personal information from minors and the
19operator of an Internet Web site or online service that has actual
20knowledge that it is collecting personal information from a minor
21shall provide notice on the Internet Web site of what information
22is collected from minors by the operator and how the operator uses
23the information.

24(2) An operator shall provide to a parent whose minor dependent
25has provided personal information to an Internet Web site or online
26service, upon request of the parent and proper identification, a
27description of the specific types of personal information collected
28from the minor by the operator, the opportunity at any time to
29refuse to permit the operator’s further use or maintenance in
30retrievable form, or future online collection, of personal
31information from the minor, and a means that is reasonable under
32the circumstances for the parent to obtain personal information
33collected from the minor.

34(3) A minor’s participation in a game, the offering of a prize,
35or another activity shall not be conditioned on the minor disclosing
36more personal information than is reasonably necessary to
37participate in the activity.

38(4) An operator of an Internet Web site or online service directed
39to minors shall establish and maintain reasonable procedures to
P5    1protect the confidentiality, security, and integrity of personal
2information collected from minors.

3(b) A violation of this section shall be treated as unfair
4competition and subject to the penalties imposed under Chapter 5
5(commencing with Section 17200) of Part 2 of Division 7 of the
6Business and Professions Code.

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