Amended in Senate April 9, 2013

Senate Bill No. 501

Introduced by Senator Corbett

February 21, 2013

begin delete An act relating to privacy. end delete begin insert An act to add Part 2.8 (commencing with Section 60) to Division 1 of the Civil Code, relating to privacy. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 501, as amended, Corbett. begin delete Privacy. end delete begin insert Social networking Internet Web sites: privacy: minors. end insert

begin insert

Existing law requires an operator of a commercial Internet Web site or online service that collects personally identifiable information through the Internet about individual consumers residing in California who use or visit its site or online service to conspicuously post its privacy policy on its Internet Web site. Existing law also prescribes various prohibitions with regard to disclosures of personal information related to, among other things, driver’s licenses, social security numbers, and direct marketing.

end insert begin insert

This bill would require a social networking Internet Web site, as defined, to remove the personal identifying information, as defined, of any registered user, as defined, within 96 hours after his or her request and would also require removal of that information in that same manner regarding a user under 18 years of age upon request by the user’s parent. The bill would impose a civil penalty, not to exceed $10,000, for each willful and knowing violation of these provisions.

end insert begin delete

Existing law requires an operator of a commercial Web site or online service that collects personally identifiable information, as defined, from California residents through an Internet Web site or online service for commercial purposes, to conspicuously post its privacy policy on its Internet Web site or online service or make the policy available, as specified. Existing law requires that the privacy policy identify certain information, including the categories of personally identifiable information that the operator collects about individual consumers who use or visit its Internet Web site or online service and 3rd parties with whom the operator may share the information.

end delete begin delete

This bill would declare the intent of the Legislature to enact legislation that would reform the privacy policies required for operators of Internet Web sites and smart phone applications, as specified.

end delete

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Part 2.8 (commencing with Section 60) is added
to Division 1 of the end insert begin insert Civil Code end insert begin insert , to read: end insert

begin insert

 

PART  begin insert 2.8. end insert   SOCIAL NETWORKING PRIVACY ACT

 

begin insert 60. end insert   

(a) (1) A social networking Internet Web site shall remove
the personal identifying information of a registered user in a timely
manner upon his or her request. In the case of a registered user
who identifies himself or herself as being under 18 years of age,
the social networking Internet Web site shall also remove the
information in a timely manner upon the request of a parent of the
registered user.

(2) Notwithstanding subdivision (b) of Section 62, for purposes
of this subdivision, “personal identifying information” shall not
include a person’s name.

(b) A request submitted by a registered user pursuant to
subdivision (a) shall include sufficient information to verify the
identity of the user and shall specify any known location of the
information that is the subject of the request.

begin insert 62. end insert   

For purposes of this part:

(a) “In a timely manner” means within 96 hours of delivery of
the request.

(b) “Personal identifying information” means a person’s name,
address, telephone number, driver’s license number, social security
number, employee identification number, mother’s maiden name,
demand deposit account number, savings account number, or
credit card number.

(c) “Registered user” means any person who has created an
account for purposes of accessing a social networking Internet
Web site.

(d) “Social networking Internet Web site” means an Internet
Web-based service that allows an individual to construct a public
or partly public profile within a bounded system, articulate a list
of other users with whom the individual shares a connection, and
view and traverse his or her list of connections and those made
by others in the system.

begin insert 65. end insert   

A social networking Internet Web site that willfully and
knowingly violates any provision of this part shall be liable for a
civil penalty, not to exceed ten thousand dollars ($10,000) for each
violation of this part.

end insert

begin delete

SECTION 1.  

It is the intent of the Legislature to enact
legislation that would reform the privacy policies required for
operators of Internet Web sites and smart phone applications into
a more effective tool to inform California consumers on the use,
collection, and sharing of their personal information.

end delete