BILL NUMBER: AB 83	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gatto

                        JANUARY 6, 2015

   An act to amend Section 1798.3 of the Civil Code, relating to
personal data.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 1798.3 of the Civil Code is amended to read:
   1798.3.  As used in this chapter:
   (a)  The term "personal   "Personal 
information" means any information that is maintained by an agency
that identifies or describes an individual, including, but not
limited to, his or her name, social security number, physical
description, home address, home telephone number, education,
financial matters, and medical or employment history. It includes
statements made by, or attributed to, the individual.
   (b)  The term "agency"   "Agency"  means
 every   a  state office, officer,
department, division, bureau, board, commission, or other state
agency, except that  the term  agency shall not
include:
   (1) The California Legislature.
   (2)  Any   An  agency established under
Article VI of the California Constitution.
   (3) The State Compensation Insurance Fund, except as to any
records which contain personal information about the employees of the
State Compensation Insurance Fund.
   (4) A local agency, as defined in subdivision (a) of Section 6252
of the Government Code.
   (c)  The term "disclose"   "Disclose" 
means to disclose, release, transfer, disseminate, or otherwise
communicate all or any part of any record orally, in writing, or by
electronic or any other means to any person or entity.
   (d) The term "individual"   "Individual"
   means a natural person.
   (e)  The term "maintain"   "Maintain" 
includes maintain, acquire, use, or disclose.
   (f)  The term "person"   "Person"  means
any natural person, corporation, partnership, limited liability
company, firm, or association.
   (g)  The term "record"   "Record"  
 means any file or grouping of information about an individual
that is maintained by an agency by reference to an identifying
particular such as the individual's name, photograph, finger or voice
print, or a number or symbol assigned to the individual.
   (h)  The term "system of records"   "System
of records"  means one or more records, which pertain to one or
more individuals, which is maintained by any agency, from which
information is retrieved by the name of an individual or by some
identifying number, symbol or other identifying particular assigned
to the individual.
   (i)  The term "governmental entity,"  
"Governmental   entity"  except as used in Section
1798.26, means any branch of the federal government or of the local
government.
   (j)  The term "commercial purpose"   "Comme
  rcial purpose"  means any purpose which has financial
gain as a major objective. It does not include the gathering or
dissemination of newsworthy facts by a publisher or broadcaster.
   (k)  The term "regulatory agency"  
"Regulatory agency"  means the Department of Business Oversight,
the Department of Insurance, the Bureau of Real Estate, and agencies
of the United States or of any other state responsible for
regulating financial institutions.