California Legislature—2015–16 Regular Session

Assembly Bill No. 819

Introduced by Assembly Member Irwin

(Coauthor: Assembly Member Low)

February 26, 2015

An act to amend Sections 89090 and 92630 of, and to repeal Sections 89090.3, 89090.5, 92630.3, and 92630.9 of, the Education Code, relating to the public postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

AB 819, as introduced, Irwin. Public postsecondary education: alumni associations.

(1) Existing law establishes the California State University, administered by the Trustees of the California State University, and the University of California, administered by the Regents of the University of California, as 2 of the segments of public postsecondary education in this state.

Existing law prescribes criteria for the disclosure of the names and addresses of alumni of the California State University and the University of California. Existing law requires that the names, addresses, and electronic mail addresses of alumni be disclosed only to provide those persons with informational materials relating to the California State University or the University of California, and their respective programs and activities; to provide those persons, or the trustees, auxiliary organizations of the California State University, as defined, or the Regents of the University of California, or the alumni associations with beneficial commercial opportunities; or to promote and support the educational mission of the California State University, the University of California, the trustees, the regents, or the alumni associations.

Existing law authorizes this disclosure only if the trustees, auxiliary organizations, or the alumni associations, in the case of the California State University, or the regents or the alumni associations, in the case of the University of California, have a written agreement with a business, as defined, that maintains control over this data that requires the business to maintain the confidentiality of the names, addresses, and electronic mail addresses of the alumni, that requires that the university or the college retain the right to approve or reject any purpose for which the private information is to be used by the business and to review and approve the text of mailings sent to alumni, and that prohibits the business from using the information for any purposes other than those described, and the disclosure of alumni names, addresses, and electronic mail addresses does not include the names and addresses of alumni who have directed the trustees, the regents, the board of directors, or an alumni association or auxiliary organization, not to disclose their names, addresses, or electronic mail addresses.

Existing law requires the California State University and the University of California to make available to their respective alumni a specified form or an alternative notice, in a mailing or in an Internet posting, as prescribed, before alumni names, addresses, and electronic mail addresses may be disclosed that provides alumni the opportunity to opt out of certain disclosures of that identifying information. Existing law requires the form to be a separate document, except as specified.

Under existing law, the above provisions are applicable to the University of California only to the extent that the regents or the board of directors act, by resolution, to make them applicable.

This bill would instead provide that this form may be incorporated into another communication piece intended for the target audience, or through a link to the form located on the Internet Web site of the trustees, the regents, the affected alumni association, or the affected auxiliary organization, as specified.

(2) Existing law expresses the intent of the Legislature that, by July 1, 2014, the California State University and the University of California submit reports to the Legislature regarding compliance with the provisions described in (1).

This bill would repeal these provisions.

(3) Existing law specifies that the provisions described in (1) are repealed as of January 1, 2016.

This bill would delete those repeal dates, and thereby extend the operation of these provisions indefinitely.

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

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

SECTION 1.  

Section 89090 of the Education Code is amended
to read:

89090.  

(a) The trustees, alumni associations, and auxiliary
organizations may distribute the names, addresses, and electronic
mail addresses of alumni of the California State University to a
business as described in subdivision (b), in order to accomplish
any or all of the following:

(1) To provide those persons with informational materials
relating to the university and its programs and activities.

(2) To provide those persons, the trustees, the alumni
associations, and the auxiliary organizations with commercial
opportunities that provide a benefit to those persons, or to the
trustees, alumni associations, or auxiliary organizations.

(3) To promote and support the educational mission of the
university, the trustees, the alumni associations, or the auxiliary
organizations.

(b) The disclosures authorized in subdivision (a) shall be
permitted only if all of the following requirements are met:

(1) (A) The trustees, the alumni associations, or the auxiliary
organizations have a written agreement with a business, as defined
in subdivision (a) of Section 1798.80 of the Civil Code, that
maintains control over this data that requires the business to
maintain the confidentiality of the names, addresses, and electronic
mail addresses of the alumni, that requires that the California State
University retain the right to approve or reject any purpose for
which the private information is to be used by the business, and
to review and approve the text of mailings sent to alumni pursuant
to this section, and that prohibits the business from using the
information for any purposes other than those described in
subdivision (a). The text of a mailing intended to be sent to alumni
pursuant to this section shall not be approved by the trustees, the
affected alumni association, or the affected auxiliary organization
unless and until the mailing conspicuously identifies the university,
the alumni association, or the auxiliary organization as associated
with the business described in the mailing.

(B) If an affinity partner, as defined in Section 4054.6 of the
Financial Code, sends any message to any electronic mail address
obtained pursuant to this section, that message shall include at
least both of the following:

(i) The identity of the sender of the message.

(ii) A cost-free means for the recipient to notify the sender not
to electronically transmit any further message to the recipient.

(2) The trustees, an alumni association, or an auxiliary
organization shall not disclose to, or share alumni nonpublic
personal information with, a business, as defined in paragraph (1),
unless the institution, association, or organization has clearly and
conspicuously notified the alumnus, pursuant to subdivision (c),
that the nonpublic personal information may be disclosed to the
business and that the alumnus has not directed that the nonpublic
personal information not be disclosed.

(3) The disclosure of alumni names, addresses, and electronic
mail addresses does not include the names, addresses, and
electronic mail addresses of alumni who, pursuant to subdivision
(c) or in another manner, have directed the trustees, an alumni
association, or an auxiliary organization not to disclose their names,
addresses, or electronic mail addresses.

(4) No information regarding either of the following is disclosed:

(A) The current students of the California State University.

(B) An alumnus who, as a student at a campus of the California
State University, indicated that, pursuant to the federal Family
Educational Rights and Privacy begin delete Act, end delete begin insert Act (Public Law 93-380), end insert he
or she did not wish his or her name, address, and electronic mail
address to be disclosed.

(c) (1) The trustees, the affected alumni association, or the
affected auxiliary organization shall satisfy the notice requirements
of subdivision (b) if it uses the form set forth in paragraph (2). The
form set forth in this subdivision or a form that complies with
subparagraphs (A) to (J), inclusive, shall be provided by the
trustees, the alumni association, or the auxiliary organization to
the alumnus as required in this subdivision, and shall describe the
nature of the information the alumnus would receive should the
alumnus choose not to opt out, so that the alumnus may make a
decision and provide direction to the trustees, the alumni
association, or the auxiliary organization regarding the sharing of
his or her name, address, and electronic mail address:

(A) The form uses the title “IMPORTANT PRIVACY
CHOICE” and the header, if applicable, as follows: “Restrict
Information Sharing With Affinity Partners.”

(B) The titles and headers in the form are clearly and
conspicuously displayed, and no text in the form is smaller than
10-point type.

(C) The form begin delete is a separate document, except as provided by
subparagraph (B) of paragraph (3). end delete begin insert may be provided as a separate
document, incorporated into another communication piece intended
for the target audience, or through a link to the form located on
the Internet Web site of the trustees, the affected alumni
association, or the affected auxiliary organization. If the form is
provided through a link to an Internet Web page, it shall be
accompanied by the title “IMPORTANT PRIVACY CHOICE” and
a clear and concise description of the choice that can be made by
accessing the form. This requirement may be met by using text
materially similar to the first paragraph of the form set forth in
paragraph (2). end insert

(D) The choice or choices provided in the form are stated
separately, and may be selected by checking a box.

(E) The form is designed to call attention to the nature and
significance of the information in the document.

(F) The form presents information in clear and concise
sentences, paragraphs, and sections.

(G) The form uses short explanatory sentences (an average of
15 to 20 words) or bullet lists whenever possible.

(H) The form avoids multiple negatives, legal terminology, and
highly technical terminology whenever possible.

(I) The form avoids explanations that are imprecise and readily
subject to different interpretations.

(J) The form is not more than one page.

(2) The form reads as follows:

IMPORTANT PRIVACY CHOICE

You have the right to control whether we share your name,
address, and electronic mail address with our affinity partners
(companies that we partner with to offer products or services to
our alumni). Please read the following information carefully before
you make your choice below:

Your Rights

You have the following rights to restrict the sharing of your
name, address, and electronic mail address with our affinity
partners. This form does not prohibit us from sharing your
information when we are required to do so by law. This includes
sending you information about the alumni association, the
university, or other products or services.

Your Choice

Restrict Information Sharing With Affinity Partners:

Unless you say “NO,” we may share your name, address, and
electronic mail address with our affinity partners. Our affinity
partners may send you offers to purchase various products or
services that we may have agreed they can offer in partnership
with us.

( ) NO, please do not share my name, address, and electronic
mail address with your affinity partners.

Time Sensitive Reply

You may decide at any time that you do not want us to share
your information with our affinity partners. Your choice marked
here will remain unless you state otherwise. However, if we do
not hear from you, we may share your name, address, and
electronic mail address with our affinity partners.

If you decide that you do not want to receive information from
our partners, you may do one of the following:

(1) Call this toll-free telephone number: (xxx-xxx-xxxx).

(2) Reply electronically by contacting us through the following
Internet option: xxxxxxxxxxxx.com.

(3) Fill out, sign, and send back this form to us at the following
address (you may want to make a copy for your records).

Xxxxxxxxxxxxxxxxx

Xxxxxxxxxxxxxxxxx

Xxxxxxxxxxxxxxxxx

Name:

Address:

Signature:

(3) (A) The trustees, the affected alumni association, or the
affected auxiliary organization shall not be in violation of this
subdivision solely because they include in the form one or more
brief examples or explanations of the purpose or purposes for
which, or the context within which, names, addresses, and
electronic mail addresses will be shared, as long as those examples
meet the clarity and readability standards set forth in paragraph
(1).

(B) The form shall be provided to alumni in each of the
following communications:

(i) The solicitation to students, upon their graduation, from the
trustees or the alumni association, encouraging students to join the
alumni association or to avail themselves of the services or benefits
of the association, shall include the form.

(ii) The alumni association magazine or newsletter, or both,
shall include the form on an annual or more frequent basis.

(iii) The Internet Web site for the alumni association shall
include a link to the form, which shall be located on either the
homepage of the association’s Internet Web site or in the
association’s privacy policy.

(iv) A one-time mailing to all alumni on the university mailing
list as of January 1, 2006.

(v) An annual electronic communication to those alumni for
whom electronic mail addresses are available.

(4) The trustees, the affected alumni associations, or the affected
auxiliary organizations shall provide at least two alternative
cost-free means for alumni to communicate their privacy choices,
such as calling a toll-free telephone number or using electronic
means. The trustees, the alumni association, or the auxiliary
organization shall clearly and conspicuously disclose in the form
required by this subdivision the information necessary to direct
the alumnus on how to communicate his or her choice, including
the toll-free telephone or facsimile number or Internet Web site
address that may be used, if those means of communication are
offered.

(5) (A) An alumnus may direct at any time that his or her name,
address, and electronic mail address not be disclosed. The trustees,
the affected alumni association, or the affected auxiliary
organization shall comply with the direction of an alumnus
concerning the sharing of his or her name, address, and electronic
mail address within 45 days of receipt by the trustees, the alumni
association, or the auxiliary organization. When an alumnus directs
that his or her name, address, and electronic mail address not be
disclosed, that direction is in effect until otherwise stated by the
alumnus.

(B) Nothing in this subdivision shall prohibit the disclosure of
the name, address, and electronic mail address of an alumnus as
allowed by other applicable provisions of state law.

(6) The trustees, or the affected alumni association or the
affected auxiliary organization, may provide a joint notice from
the trustees or from one or more alumni associations, as identified
in the notice, so long as the notice is accurate with respect to the
trustees and the alumni association or associations or auxiliary
organization or organizations participating in the joint notice.

(d) As used in this section, “auxiliary organization” has the
same meaning as set forth in Section 89901.

(e) This section shall not be construed to authorize the release
of any social security numbers.

SEC. 2.  

Section 89090.3 of the Education Code is repealed.

begin delete

89090.3.  

It is the intent of the Legislature that, on or before
July 1, 2014, the California State University provide a letter to the
Assembly Committee on Judiciary and the Senate Committee on
Judiciary containing all of the following information:

(a) A survey of the affinity partnership agreements for each
campus, including how many alumni have opted out of those
agreements, and a description of the affinity partnership program.

(b) Whether alumni are receiving opt-out forms pursuant to
paragraph (1) of subdivision (c) of Section 89090, and if so, a
description of when the alumni receive those forms and the manner
in which the alumni receive the forms.

(c) Whether alumni are receiving an annual electronic
communication pursuant to paragraph (3) of subdivision (c) of
Section 89090.

(d) Whether campuses are using the statutory opt-out form, as
set forth in paragraph (2) of subdivision (c) of Section 89090, or
another form that meets the requirements of subdivision (c) of
Section 89090.

(e) Whether the opt-out form is provided on the homepage of
the alumni association’s Internet Web site or in the alumni
association’s privacy policy.

end delete

SEC. 3.  

Section 89090.5 of the Education Code is repealed.

begin delete

89090.5.  

This article shall remain in effect only until January
1, 2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.

end delete

SEC. 4.  

Section 92630 of the Education Code is amended to
read:

92630.  

(a) The regents and alumni associations may distribute
the names, addresses, and electronic mail addresses of alumni of
the University of California to a business as described in
subdivision (b) in order to accomplish any or all of the following:

(1) To provide those persons with informational materials
relating to the university or college and its programs and activities.

(2) To provide those persons, the regents, and the alumni
associations with commercial opportunities that provide a benefit
to those persons, or to the regents or the alumni associations.

(3) To promote and support the educational mission of the
university, the regents, or the alumni associations.

(b) The disclosures authorized in subdivision (a) shall be
permitted only if all of the following requirements are met:

(1) (A) The regents or the alumni associations have a written
agreement with a business, as defined in subdivision (a) of Section
1798.80 of the Civil Code that maintains control over this data
that requires the business to maintain the confidentiality of the
names, addresses, and electronic mail addresses of the alumni, that
requires that the University of California retain the right to approve
or reject any purpose for which the private information is to be
used by the business and to review and approve the text of mailings
sent to alumni pursuant to this section, and that prohibits the
business from using the information for any purposes other than
those described in subdivision (a). The text of a mailing intended
to be sent to alumni pursuant to this section shall not be approved
by the regents or the affected alumni association unless and until
the mailing conspicuously identifies the university or the alumni
association as associated with the business described in the mailing.

(B) If an affinity partner, as defined in Section 4054.6 of the
Financial Code, sends any message to any electronic mail address
obtained pursuant to this section, that message shall include at
least both of the following:

(i) The identity of the sender of the message.

(ii) A cost-free means for the recipient to notify the sender not
to electronically transmit any further message to the recipient.

(2) The regents or an alumni association shall not disclose to,
or share a consumer’s nonpublic personal information with, a
business, as defined in paragraph (1), unless the institution,
association, or organization has clearly and conspicuously notified
the consumer pursuant to subdivision (c), that the nonpublic
personal information may be disclosed to the business and that the
alumnus has not directed that the nonpublic personal information
not be disclosed.

(3)  The disclosure of alumni names, addresses, and electronic
mail addresses does not include the names, addresses, and
electronic mail addresses of alumni who, pursuant to subdivision
(c) or in another manner, have directed the regents or an alumni
association not to disclose their names, addresses, or electronic
mail addresses.

(4) No information regarding either of the following is disclosed:

(A) The current students of the University of California.

(B) An alumnus who, as a student of a campus of the University
of California, indicated that, pursuant to the federal Family
Educational Rights and Privacy begin delete Act, end delete begin insert Act (Public Law 93-380), end insert he
or she did not wish his or her name, address, and electronic mail
address to be disclosed.

(c) (1) The regents or the affected alumni association shall
satisfy the notice requirements of subdivision (b) if it uses the form
set forth in paragraph (2). The form set forth in this subdivision
or a form that complies with subparagraphs (A) to (J), inclusive,
shall be provided by the regents or the alumni association to the
alumnus as required in this subdivision, and shall describe the
nature of the information the alumnus would receive should the
alumnus choose not to opt out, so that the alumnus may make a
decision and provide direction to the regents and the alumni
association regarding the sharing of his or her name, address, and
electronic mail address:

(A) The form uses the title “IMPORTANT PRIVACY
CHOICE” and the header, if applicable, as follows: “Restrict
Information Sharing With Affinity Partners.”

(B) The titles and headers in the form are clearly and
conspicuously displayed, and no text in the form is smaller than
10-point type.

(C) The form begin delete is a separate document, except as provided by
subparagraph (B) of paragraph (3). end delete begin insert may be provided as a separate
document, incorporated into another communication piece intended
for the target audience, or through a link to the form located on
the Internet Web site of the regents, the affected alumni association,
or the affected auxiliary organization. If the form is provided
through a link to an Internet Web page, it shall be accompanied
by the title “IMPORTANT PRIVACY CHOICE” and a clear and
concise description of the choice that can be made by accessing
the form. This requirement may be met by using text materially
similar to the first paragraph of the form set forth in paragraph
(2). end insert

(D) The choice or choices provided in the form are stated
separately, and may be selected by checking a box.

(E) The form is designed to call attention to the nature and
significance of the information in the document.

(F) The form presents information in clear and concise
sentences, paragraphs, and sections.

(G) The form uses short explanatory sentences (an average of
15 to 20 words) or bullet lists whenever possible.

(H) The form avoids multiple negatives, legal terminology, and
highly technical terminology whenever possible.

(I) The form avoids explanations that are imprecise and readily
subject to different interpretations.

(J) The form is not more than one page.

(2) The form reads as follows:

IMPORTANT PRIVACY CHOICE

You have the right to control whether we share your name,
address, and electronic mail address with our affinity partners
(companies that we partner with to offer products or services to
our alumni). Please read the following information carefully before
you make your choice below:

Your Rights

You have the following rights to restrict the sharing of your
name, address, and electronic mail address with our affinity
partners. This form does not prohibit us from sharing your
information when we are required to do so by law. This includes
sending you information about the alumni association, the
university, or other products or services.

Your Choice

Restrict Information Sharing With Affinity Partners:

Unless you say “NO,” we may share your name, address, and
electronic mail address with our affinity partners. Our affinity
partners may send you offers to purchase various products or
services that we may have agreed they can offer in partnership
with us.

( ) NO, please do not share my name, address, and electronic
mail address with your affinity partners.

Time Sensitive Reply

You may decide at any time that you do not want us to share
your information with our partners. Your choice marked here will
remain unless you state otherwise. However, if we do not hear
from you, we may share your name, address, and electronic mail
address with our affinity partners.

If you decide that you do not want to receive information from
our partners, you may do one of the following:

(1) Call this toll-free telephone number: (xxx-xxx-xxxx).

(2) Reply electronically by contacting us through the following
Internet option: xxxxxxxxxxxx.com.

(3) Fill out, sign, and send back this form to us at the following
address (you may want to make a copy for your records).

Xxxxxxxxxxxxxxxxx

Xxxxxxxxxxxxxxxxx

Xxxxxxxxxxxxxxxxx

Name:

Address:

Signature:

(3) (A) The regents or the affected alumni association shall not
be in violation of this subdivision solely because they include in
the form one or more brief examples or explanations of the purpose
or purposes for which, or the context within which, names,
addresses, and electronic mail addresses will be shared, as long as
those examples meet the clarity and readability standards set forth
in paragraph (1).

(B) The form shall be provided to alumni in each of the
following communications:

(i) The solicitation to students, upon their graduation, from the
regents or the alumni association, encouraging students to join the
alumni association or to avail themselves of the services or benefits
of the association, shall include the form.

(ii) The alumni association magazine or newsletter, or both,
shall include the form on an annual or more frequent basis.

(iii) The Internet Web site for the alumni association shall
include a link to the form, which shall be located on either the
homepage of the association’s Internet Web site or in the
association’s privacy policy.

(iv) A one-time mailing to all alumni on the university or college
mailing list as of January 1, 2006.

(v) An annual electronic communication to those alumni for
whom electronic mail addresses are available.

(4) The regents or the affected alumni associations shall provide
at least two alternative cost-free means for alumni to communicate
their privacy choice, such as calling a toll-free telephone number,
or using electronic means. The regents or the alumni association
shall clearly and conspicuously disclose in the form required by
this subdivision the information necessary to direct the alumnus
on how to communicate his or her choices, including the toll-free
telephone or facsimile number or Internet Web site address that
may be used, if those means of communication are offered.

(5) (A) An alumnus may direct at any time that his or her name,
address, and electronic mail address not be disclosed. The regents
or the affected alumni association shall comply with the direction
of an alumnus concerning the sharing of his or her name, address,
and electronic mail address within 45 days of receipt by the regents
or the alumni association. When an alumnus directs that his or her
name, address, or electronic mail address not be disclosed, that
direction is in effect until otherwise stated by the alumnus.

(B) Nothing in this subdivision shall prohibit the disclosure of
the name, address, or electronic mail address of an alumnus as
allowed by other applicable provisions of state law.

(6) The regents or the affected alumni association may provide
a joint notice from the regents or from one or more alumni
associations, as identified in the notice, so long as the notice is
accurate with respect to the regents and the alumni association or
associations participating in the joint notice.

(d) This section shall not be construed to authorize the release
of any social security numbers.

SEC. 5.  

Section 92630.3 of the Education Code is repealed.

begin delete

92630.3.  

It is the intent of the Legislature that, on or before
July 1, 2014, the University of California provide a letter to the
Assembly Committee on Judiciary and the Senate Committee on
Judiciary containing all of the following information:

(a) A survey of the affinity partnership agreements for each
campus, including how many alumni have opted out of those
agreements, and a description of the affinity partnership program.

(b) Whether alumni are receiving opt-out forms pursuant to
paragraph (1) of subdivision (c) of Section 92630, and if so, a
description of when the alumni receive those forms and the manner
in which the alumni receive the forms.

(c) Whether alumni are receiving an annual electronic
communication pursuant to paragraph (3) of subdivision (c) of
Section 92630.

(d) Whether campuses are using the statutory opt-out form, as
set forth in paragraph (2) of subdivision (c) of Section 92630, or
another form that meets the requirements of subdivision (c) of
Section 92630.

(e) Whether the opt-out form is provided on the homepage of
the alumni association’s Internet Web site or in the alumni
association’s privacy policy.

end delete

SEC. 6.  

Section 92630.9 of the Education Code is repealed.

begin delete

92630.9.  

This article shall remain in effect only until January
1, 2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.

end delete