BILL NUMBER: SB 1348 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 15, 2014
AMENDED IN SENATE APRIL 29, 2014
AMENDED IN SENATE APRIL 8, 2014
AMENDED IN SENATE MARCH 26, 2014
INTRODUCED BY Senator DeSaulnier
FEBRUARY 21, 2014
An act to add Chapter 22.3 (commencing with Section 22590) to
Division 8 of the Business and Professions Code, relating to personal
information.
LEGISLATIVE COUNSEL'S DIGEST
SB 1348, as amended, DeSaulnier. Online data
Data brokers: sale of personal information:
notice. information.
Existing law protects the privacy of personal information,
including customer records, and requires a business that owns or
licenses personal information about a California resident to
implement and maintain reasonable security procedures and practices
appropriate to the nature of the information, in order to protect the
personal information from unauthorized access, destruction, use,
modification, or disclosure.
Existing law requires an operator of a commercial Internet Web
site or online service that collects personally identifiable
information through the Internet about consumers residing in
California who use or visit its commercial Internet Web site or
online service to conspicuously post its privacy policy on its
Internet Web site or online service and to comply with that policy.
Unless prohibited by federal or state law, this bill would require
an online data a data broker, as
defined, that sells or offers for sale to a 3rd party the personal
information of any resident of California, to permit a subject
individual, as defined, to (1) review his or her
personal information and (2) correct his or her personal
information, as specified. The bill would require
an online data a data broker, unless prohibited
by federal or state law, to conspicuously post an opt-out notice on
its Internet Web site that would include specific and easily
understood instructions for permanently removing personal
information from the online data broker's database by making a
written demand requesting to have the
information permanently removed. that his
or her personal information not be shared with or sold to third
parties. The bill would require an online data
a data broker that receives a written
demand from a subject individual pursuant to these
provisions, unless prohibited by federal or state law, to
remove the subject individual's personal information from public
display on the Internet within 10 days of delivery of the written
demand, and to take specified additional steps to ensure that the
information is not reposted. cease sharing or selling
th at information with third parties as soon as is
reasonably possible, and thereafter to only retain as much personal
information as is reasonably necessary to comply with the subject
individual's demand.
This bill would also make it unlawful for an online data
a data broker to solicit or accept the payment
of a fee or other consideration to review or permanently remove
personal information from the online data broker's
database, and would authorize a subject individual to bring a civil
action against any person in violation of these provisions.
The bill's provisions would apply only to information collected,
assembled, or maintained by an online data broker on and after
January 1, 2015, except under designated circumstances.
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. Chapter 22.3 (commencing with Section 22590) is added
to Division 8 of the Business and Professions Code, to read:
CHAPTER 22.3. ONLINE DATA BROKERS
22590. The following definitions apply to this chapter:
(a) "Conspicuously post," with respect to an opt-out notice, means
to post through any of the following:
(1) An Internet Web page on which the actual opt-out notice is
posted if the Internet Web page is the homepage or first significant
page after entering the Internet Web site.
(2) An icon that hyperlinks to an Internet Web page on which the
actual opt-out notice 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 term "opt out" or "opt-out."
The icon shall also use a color that contrasts with the background
color of the Internet Web page or is otherwise distinguishable.
(3) A text link that hyperlinks to an Internet Web page on which
the actual opt-out notice is posted, if the text link is located on
the homepage or first significant page after entering the Internet
Web site, and if the text link does one of the following:
(A) Includes the term "opt out" or "opt-out."
(B) Is written in capital letters equal to or greater in size than
the surrounding text.
(C) Is written in larger type than the surrounding text, or in
contrasting type, font, or color to the surrounding text of the same
size, or set off from the surrounding text of the same size by
symbols or other marks that call attention to the language.
(4) Any other functional hyperlink that is so displayed that a
reasonable person would notice it and understand it to be a
hyperlink to the actual opt-out notice.
(b) "Online data broker" (1)
"Data broker" means a commercial entity that
collects, assembles, or maintains personal information concerning
individuals residing in California who are not customers or employees
of that entity, for the purposes of selling or offering for sale
, or other consideration, the personal information
over the Internet to a third party.
(2) "Data broker" does not include any of the following:
(A) A commercial entity that sells personal information to the
subject individual or his or her representative.
(B) A commercial entity engaging in the activities of a "consumer
reporting agency" pursuant to the Fair Credit Reporting Act (15
U.S.C. Sec. 1681 et seq.)
(C) A commercial entity engaging in the activities of a "consumer
credit reporting agency" pursuant to the Consumer Credit Reporting
Agencies Act Title 1.6 (commencing with Section 1785.1) of Part 4 of
Division 3 of the Civil Code.
(D) A commercial entity selling or providing for sale personal
information to other commercial or nonprofit entities or government
agencies that will use the information for purposes permitted to be
used or disclosed pursuant to any applicable provision of Title V of
the Gramm-Leach-Bliley Act (15 U.S.C. Sec. 6801 et seq.), including
purposes such as identity confirmation and fraud prevention.
(c) "Personal information" means any information that identifies,
relates to, describes, or is capable of being associated with, a
particular individual, including, but not limited to, his or her
name, signature, social security number, physical characteristics or
description, address, telephone number, passport number, driver's
license or state identification card number, insurance policy number,
education, employment, employment history, bank account number,
credit card number, debit card number, or any other financial
information, medical information, or health insurance information.
"Personal information" does not include information that is lawfully
made available to the general public from federal, state, or local
government records.
(d) "Publicly post" or "publicly display" means to intentionally
communicate or otherwise make available to the general public.
(e)
(d) "Subject individual" means the person to whom
personal information pertains.
(f) "Written" means documentation in writing, and includes
facsimile, telegraphic, and other forms of electronic communication.
22591. Unless prohibited by federal or state law, an online data
broker that sells or offers for sale the personal information of any
resident of California to a third party, shall do both of the
following:
(a) Permit a subject individual to review his or her personal
information that has been collected, assembled, or maintained by the
online data broker, either by submitting a written request or by
means of an electronic search through a secure online system.
(b) Permit a subject individual to correct his or her personal
information that has been collected, assembled, or maintained by the
online data broker, either by submitting a written request or by
correcting the information by means of a secure online system.
22592. (a) (1) Unless prohibited by federal or state law, an
online data broker shall conspicuously post an opt-out notice on its
Internet Web site, which shall include specific instructions for
permanently removing personal information from the online data broker'
s database by making a written demand requesting to have the
information removed.
(2) If a subject individual makes a written demand to remove his
or her personal information from an online data broker's database
pursuant to this subdivision, the online data broker shall
permanently remove the subject individual's personal information from
its database, in accordance with subdivision (b).
(b) (1) Unless prohibited by federal or state law, an online data
broker that receives a written demand from a subject individual
pursuant to this section shall remove the subject individual's
personal information from public display on the Internet within 10
days of delivery of the written demand, and shall ensure that this
information is not reposted on the same Internet Web site, a
subsidiary site, or any other Internet Web site owned, controlled, or
maintained by the online data broker receiving the written demand.
(2) After receiving a subject individual's written demand, the
online data broker shall not transfer the subject individual's
personal information to any other person, business, or association
through any other medium.
(3) Any additional information collected by an online data broker
to confirm the identity of a subject individual who has made a
written request to remove his or her personal information from a
database pursuant to this chapter shall be deleted after the identity
of the subject individual has been confirmed and shall not be used
for any other purpose.
22593. (a) It is unlawful for an online data broker to solicit or
accept the payment of a fee or other consideration to review or
permanently remove personal information from the online data broker's
database.
(b) Each payment solicited or accepted in violation of this
section constitutes a separate violation.
22591. Unless prohibited by federal or state law, a data broker
that sells or offers for sale the personal information of any
resident of California to a third party shall do both of the
following:
(a) Permit a subject individual to review his or her personal
information that has been collected, assembled, or maintained by the
data broker by submitting an electronic demand through a secure
online system.
(b) (1) The data broker shall conspicuously post an opt-out notice
on its Internet Web site, which shall include specific and easily
understood instructions for the subject individual to make a demand
on the Internet Web site that his or her personal information not be
shared with or sold to third parties.
(2) If a subject individual makes a demand on the Internet Web
site that his or her personal information not be shared with or sold
to third parties, the data broker shall cease sharing or selling that
information with third parties as soon as is reasonably possible,
and in no event later than 10 days after receipt of the notice, and
the data broker shall thereafter retain only as much personal
information as is reasonably necessary to comply with the subject
individual's demand.
(3) After receiving a subject individual's demand, the data broker
shall not transfer the subject individual's personal information to
any other person, business, or association through any other medium.
(4) Any information collected by a data broker to confirm the
identity of a subject individual who has made a demand to remove his
or her personal information from a database pursuant to this chapter
shall be deleted after the identity of the subject individual has
been confirmed and shall not be used for any other purpose.
22592. (a) It is unlawful for a data broker to solicit or accept
the payment of a fee or other consideration to review or permanently
remove personal information from the data broker's database.
(b) Each payment solicited or accepted in violation of this
section constitutes a separate violation.
22594. 22593. In addition to any
other sanction, penalty, or remedy provided by law, a subject
individual may bring a civil action in any court of competent
jurisdiction against any person in violation of this chapter for
damages in an amount equal to the greater of one thousand dollars
($1,000) per violation or the actual damages suffered by the subject
individual as a result, along with costs, reasonable attorney's fees,
and any other legal or equitable relief.
22595. (a) This chapter shall only apply to personal information
that is collected, assembled, or maintained by an online data broker
after January 1, 2015.
(b) Notwithstanding subdivision (a), this chapter shall apply to
information collected, assembled, or maintained by an online data
broker prior to January 1, 2015, if the data broker collected,
assembled, or maintained the information in violation of any law or
regulation.