AB 83, as introduced, Gatto. Information Practices Act of 1977.
Existing law, the Information Practices Act of 1977, defines specified terms for its purposes.
This bill would make nonsubstantive changes to those 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 1798.3 of the Civil Code is amended to
2read:
As used in this chapter:
4(a) begin deleteThe term “personal end deletebegin insert“Personal end insertinformation” means any
5information that is maintained by an agency that identifies or
6describes an individual, including, but not limited to, his or her
7name, social security number, physical description, home address,
8home telephone number, education, financial matters, and medical
9or employment history. It includes statements made by, or
10attributed to, the individual.
P2 1(b) begin deleteThe term “agency”
end delete
begin delete everyend deletebegin insert aend insert state office,
2officer, department, division, bureau, board, commission, or other
3state agency, except thatbegin delete the termend delete agency shall not include:
4(1) The California Legislature.
5(2) begin deleteAny end deletebegin insertAn end insertagency established under Article VI of the California
6Constitution.
7(3) The State Compensation Insurance Fund, except as to any
8records which contain personal information about the employees
9of the State Compensation Insurance Fund.
10(4) A local agency, as defined in subdivision (a) of Section 6252
11of the Government Code.
12(c) begin deleteThe term “disclose” end deletebegin insert“Disclose” end insertmeans to disclose, release,
13transfer, disseminate, or otherwise communicate all or any part of
14any record orally, in writing, or by electronic or any other means
15to any person or entity.
16(d) begin deleteThe term “individual” end deletebegin insert“Individual”
end insertmeans a natural person.
17(e) begin deleteThe term “maintain” end deletebegin insert“Maintain” end insertincludes maintain, acquire,
18use, or disclose.
19(f) begin deleteThe term “person” end deletebegin insert“Person” end insertmeans any natural person,
20corporation, partnership, limited liability company, firm, or
21association.
22(g) begin deleteThe term “record” end deletebegin insert“Record”
end insertmeans any file or grouping of
23information about an individual that is maintained by an agency
24by reference to an identifying particular such as the individual’s
25name, photograph, finger or voice print, or a number or symbol
26assigned to the individual.
27(h) begin deleteThe term “system of records” end deletebegin insert“System of records” end insertmeans
28one or more records, which pertain to one or more individuals,
29which is maintained by any agency, from which information is
30retrieved by the name of an individual or by some identifying
31number, symbol or other identifying particular assigned to the
32individual.
33(i) begin deleteThe term “governmental entity,” end deletebegin insert“Governmental
entity” end insert
34except as used in Section 1798.26, means any branch of the federal
35government or of the local government.
36(j) begin deleteThe term “commercial
purpose” end delete
37means any purpose which has financial gain as a major objective.
38It does not include the gathering or dissemination of newsworthy
39facts by a publisher or broadcaster.
P3 1(k) begin deleteThe term “regulatory agency” end deletebegin insert“Regulatory agency” end insertmeans
2the Department of Business Oversight, the Department of
3Insurance, the Bureau of Real Estate, and agencies of the United
4States or of any other state responsible for regulating financial
5institutions.
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