Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 886

Introduced by Assembly Member Chau

February 26, 2015

An act to amend begin delete Section 335 of end delete begin insert Section 5437 of, and to add Section 5437.5 to, end insert the Public Utilities Code, relating to begin delete public utilities. end delete begin insert transportation. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 886, as amended, Chau. begin delete Electricity restructuring: Electricity Oversight Board. end delete begin insert Transportation service network provider: passenger privacy. end insert

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The Passenger Charter-Party Carriers’ Act prohibits a transportation network company from disclosing personally identifiable information of a passenger, except as provided. A violation of the act is a crime.

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This bill would prohibit a transportation service network provider, as defined, from requesting or requiring personally identifiable data, as defined, of a passenger unless the information is used for certain purposes, including establishing, maintaining, and updating a customer’s account. The bill would require the transportation service network provider to provide an accountholder with an opportunity to cancel or terminate an account. The bill would require a transportation service network provider to destroy or dispose of all personally identifiable data in a secure manner when the information is no longer needed for the purposes for which it was collected or when an accountholder cancels or terminates his or her account. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Existing law restructured the electrical services industry to provide for the authorization of direct transactions between electricity suppliers and end use customers and for the establishment of an Independent System Operator and a Power Exchange. Existing law establishes the Electricity Oversight Board to oversee the Independent System Operator and the Power Exchange.

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This bill would make various nonsubstantive, technical changes in provisions that establish the Electricity Oversight Board.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 5437 of the end insert begin insert Public Utilities Code end insert begin insert is
amended to read: end insert

5437.  

begin insert (a) end insert begin insert   end insert A transportation network company shall not disclose
to a third party any personally identifiable information of a
transportation network company passenger unless one of the
following applies:

(1) The customer knowingly consents.

(2) Pursuant to a legal obligation.

(3) The disclosure is to the commission in order to investigate
a complaint filed with the commission against a transportation
network company or a participating driver and the commission
treats the information under confidentiality protections.

begin insert

(b) This section does not apply to personally identifiable
information of a transportation network passenger collected
pursuant to Section 5437.5.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 5437.5 is added to the end insert begin insert Public Utilities Code end insert begin insert ,
to read: end insert

begin insert

begin insert 5437.5. end insert   

(a) For purposes of this section, the following terms
mean the following:

(1) “Personally identifiable data” means any of the following:

(A) 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, address, email address, telephone
number, bank account number, credit card number, debit card
number, or any other financial information.

(B) Information describing or concerning the duration of the
transportation service provided, the location and route of the
service provided, and the monetary exchange associated with the
service provided.

(C) Information relating to the mobile device or computer used
to arrange transportation related services, including Internet
protocol address (MAC), media access control address, device
applications, and geolocational information.

(2) “Transportation service network provider” means any
corporation, limited liability company, partnership, sole proprietor,
or any other entity, operating in California, including,
notwithstanding Section 5353, any entity that provides taxicab
transportation services, that provides prearranged transportation
service for compensation using an online-enabled application or
platform to connect to passengers.

(b) (1) When rendering transportation services, a transportation
service network provider shall not request or require any
personally identifiable data of a passenger or accountholder unless
the information is required to complete a transaction for the
transportation service being provided or for the detection,
investigation, or prevention of fraud, identity and other theft, or
other criminal activity, and the personally identifiable data is used
solely for those purposes.

(2) The transportation service network provider shall not
disclose any personally identifiable data collected pursuant to this
subdivision to any other person, firm, partnership, association, or
corporation unless it is required to do so by state or federal law,
or is contractually obligated to share the information with a
financial entity to complete the transaction, or for the detection,
investigation, or prevention of fraud, identity or other theft, or
other criminal activity.

(c) (1) A transportation service network provider may request
or require a consumer to establish an account as a condition of
the transportation service and may require a customer to provide
personally identifiable data to establish, maintain, and update the
account if the information collected is used solely for those
purposes.

(2) A transportation service network provider shall provide an
accountholder with an opportunity to cancel or terminate the
account at which time the transportation service network provider
shall destroy or dispose of all personally identifiable data it
required for the account in a secure manner.

(d) A transportation service network provider shall destroy or
dispose of all personally identifiable data it acquires pursuant to
this section in a secure manner after the information is no longer
needed for the purposes authorized under this section.

(e) (1) A transportation service network provider that violates
this section shall be subject to a civil penalty not to exceed two
hundred fifty dollars ($250) for the first violation and one thousand
dollars ($1,000) for each subsequent violation.

(2) The civil penalty shall be assessed and collected in a civil
action brought by any aggrieved person, the Attorney General, or
by a district attorney or city attorney of the jurisdiction in which
an aggrieved person resides.

(3) The court shall direct the recovery of full costs, including
attorneys’ fees, to the prevailing party.

(f) (1) The Attorney General, or district attorney or city attorney
with appropriate jurisdiction, may bring an action in the superior
court in the name of the People of the State of California to enjoin
a violation of this section.

(2) Upon notice of not less than five days to a transportation
service network provider, the Attorney General, district attorney,
or city attorney may seek to temporarily restrain and preliminary
enjoin a violation of this section.

(3) If the court determines that the transportation service
network provider has violated this section, the court may restrain
or enjoin the violation without requiring proof that any person
has been damaged by the violation.

(4) In an action brought pursuant to this subdivision, if the court
finds that a transportation service network provider has violated
this section, the court may direct the transportation service network
provider to pay the costs incurred by the Attorney General, district
attorney, or city attorney.

(g) The court may consolidate an action for the assessment and
collection of civil penalties with an action for injunctive relief
brought pursuant to subdivision (f).

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begin insert

begin insert SEC. 3. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

end insert

begin delete

SECTION 1.  

Section 335 of the Public Utilities Code is
amended to read:

335.  

In order to ensure that the interests of the people of
California are served, a five-member Electricity Oversight Board
is hereby established, as provided in Section 336. For purposes of
this chapter, any reference to the Oversight Board shall mean the
Electricity Oversight Board. Its functions shall be all of the
following:

(a) To oversee the Independent System Operator and the Power
Exchange.

(b) To determine the composition and terms of service and to
exercise the exclusive right to decline to confirm the appointments
of specific members of the governing board of the Power Exchange.

(c) To serve as an appeal board for majority decisions of the
Independent System Operator governing board, as those decisions
relate to matters subject to exclusive state jurisdiction, as specified
in Section 339.

(d) Those members of the Power Exchange governing board
whose appointments the Oversight Board has the exclusive right
to decline to confirm include proposed governing board members
representing agricultural end users, industrial end users,
commercial end users, residential end users, end users at large,
nonmarket participants, and public interest groups.

(e) To investigate any matter related to the wholesale market
for electricity to ensure that the interests of California’s citizens
and consumers are served, protected, and represented in relation
to the availability of electric transmission and generation and
related costs, during periods of peak demand.

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