BILL ANALYSIS Ó AB 928 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 928 (Olsen) As Amended June 16, 2014 Majority vote ----------------------------------------------------------------- |ASSEMBLY: | |(May 29, 2013) |SENATE: |36-0 |(August 7, | | | | | | |2014) | ----------------------------------------------------------------- (vote not relevant) Original Committee Reference: ED. SUMMARY : Requires each state department and state agency to conspicuously post its privacy policy on its Internet Web site. The Senate amendments delete the Assembly version of this bill, and instead: 1)Require each state department and state agency to conspicuously post its privacy policy on its Internet Web site. 2)Specify that the term "conspicuously post" shall include posting the privacy policy through any of the following means: a) An Internet Web page on which the actual privacy policy is posted if the Internet Web page is the homepage or first significant page after entering the Internet Web site; b) An icon that hyperlinks to an Internet Web page on which the actual privacy policy is posted, if the icon is located on the homepage or the first significant page after entering the Internet Web site, and if the icon contains the word "privacy." The icon shall also use a color that contrasts with the background color of the Internet Web page or is otherwise distinguishable; c) A text link that hyperlinks to an Internet Web page on which the actual privacy policy is posted, as specified EXISTING LAW : 1)Establishes, under the California Information Practices Act of 1977 (Act), standards for state agency collection, retention, AB 928 Page 2 protection, and disclosure of records containing personal information relating to individuals. 2)Requires each state department and state agency to enact and maintain a permanent privacy policy, in adherence with the Act, which includes, but is not limited to, the following principles: a) Personally identifiable information is only obtained through lawful means. b) The purposes for which personally identifiable data are collected are specified at or prior to the time of collection, and any subsequent use is limited to the fulfillment of purposes not inconsistent with those purposes previously specified. c) Personal data shall not be disclosed, made available, or otherwise used for purposes other than those specified, except with the consent or as otherwise expressly exempted. d) Personal data collected must be relevant to the purpose for which it is collected. e) The general means by which personal data is protected against loss, unauthorized access, use modification or disclosure shall be posted, unless that disclosure of general means would compromise legitimate state department or state agency objectives or law enforcement purposes. f) Each state department or state agency shall designate a position within the department or agency, the duties of which shall include, but not be limited to, responsibility for the privacy policy within that department or agency. FISCAL EFFECT : According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. COMMENTS : Enacted in 1977, the Act expressed legislative concern that the "indiscriminate collection, maintenance, and dissemination of personal information" by state agencies posed a threat to individual privacy, and that the "increasing use of computers and other sophisticated information technology has greatly magnified the potential risk to personal privacy that can occur from the maintenance of personal information." At the AB 928 Page 3 risk of stating the obvious, since 1977 the "sophisticated information technology" has become exponentially more sophisticated and the corresponding threat to individual privacy more "magnified." Although private entities also collect, maintain, and disclose a vast amount of personal information, the Act only applies to state entities. The Act establishes principles and set minimum standards relating to the collection, retention, and disclosure of personal information pertaining to individuals by any state departments or agencies. As a general rule, no state agency may disclose and personal information in a manner that would link the information disclosed to the individual to whom it pertains, unless the individual consents to the disclosure or if the disclosure falls under one of several exemptions to the general rule. Those principles include limiting collection only to those items of personal information necessary for the agency to carry out its duties, and retaining that information for only as long as is necessary. A 1999 amendment to the Government Code required each state agency to enact and maintain a permanent privacy policy that conformed to the standards and principles of the Act. This bill would require state departments and state agencies to conspicuously post their privacy policies on their Internet Web sites, which apparently many if not most state agencies already do. Those agencies that do not already post these policies online will be required to do so under this bill. Analysis Prepared by : Thomas Clark / JUD. / (916) 319-2334 FN: 0004198