BILL NUMBER: SB 501 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 15, 2013
AMENDED IN SENATE APRIL 9, 2013
INTRODUCED BY Senator Corbett
FEBRUARY 21, 2013
An act to add Part 2.8 (commencing with Section 60) to Division 1
of the Civil Code, relating to privacy.
LEGISLATIVE COUNSEL'S DIGEST
SB 501, as amended, Corbett. Social networking Internet Web sites:
privacy: minors.
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.
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 or legal guardian . The bill would
impose a civil penalty, not to exceed $10,000, for each willful and
knowing violation of these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Part 2.8 (commencing with Section 60) is added to
Division 1 of the Civil Code, to read:
PART 2.8. SOCIAL NETWORKING PRIVACY ACT
60. (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 or legal guardian 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.
62. 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,
state identification card 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.
65. 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.