BILL NUMBER: AB 819 CHAPTERED
BILL TEXT
CHAPTER 121
FILED WITH SECRETARY OF STATE JULY 16, 2015
APPROVED BY GOVERNOR JULY 16, 2015
PASSED THE SENATE JULY 2, 2015
PASSED THE ASSEMBLY MAY 14, 2015
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, 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. Under existing law, this agreement is required to
obligate the business to maintain the confidentiality of the names,
addresses, and electronic mail addresses of the alumni, to require
the university or the college to 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 the business from using the information for any purposes
other than those described. However, existing law prohibits the
disclosure of alumni names, addresses, and electronic mail 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.
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 Act (Public Law 93-380), 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 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).
(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.
SEC. 3. Section 89090.5 of the Education Code is repealed.
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 Act (Public Law 93-380), 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 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).
(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.
SEC. 6. Section 92630.9 of the Education Code is repealed.