California Legislature—2015–16 Regular Session

Assembly BillNo. 1121


Introduced by Assembly Member Calderon

February 27, 2015


An act to amend Section 1798.80 of the Civil Code, relating to personal information.

LEGISLATIVE COUNSEL’S DIGEST

AB 1121, as introduced, Calderon. Personal information.

Existing law requires a business to take all reasonable steps to destroy, or arrange for the destruction of, a customer’s records within its custody or control containing personal information that are no longer to be retained by the business, as specified. Existing law defines business, records, and personal information, among other terms, for these purposes.

This bill would make technical, nonsubstantive changes to the definitions described above.

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

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

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SECTION 1.  

Section 1798.80 of the Civil Code is amended
2to read:

3

1798.80.  

The following definitions apply to this title:

4(a) “Business” means a sole proprietorship, partnership,
5corporation, association, or other group, however organized and
6whether or not organized to operate at a profit, including a financial
7institution organized, chartered, or holding a license or
P2    1authorization certificate under the law of this state, any other state,
2the United States, or ofbegin delete any otherend deletebegin insert anotherend insert country, or the parent
3or the subsidiary of a financial institution. The term includes an
4entity that disposes of records.

5(b) “Records” meansbegin delete anyend delete material, regardless of the physical
6form, on which information is recorded or preserved by any means,
7including in written or spoken words, graphically depicted, printed,
8or electromagnetically transmitted. “Records” does not include
9publicly available directories containing information an individual
10has voluntarily consented to have publicly disseminated or listed,
11such as name, address, or telephone number.

12(c) “Customer” means an individual who provides personal
13information to a business for the purpose of purchasing or leasing
14a product or obtaining a service from the business.

15(d) “Individual” means a natural person.

16(e) “Personal information” meansbegin delete anyend delete information that identifies,
17relates to, describes, or is capable of being associated with, a
18particular individual, including, but not limited to, his or her name,
19signature, social security number, physical characteristics or
20description, address, telephone number, passport number, driver’s
21license or state identification card number, insurance policy
22number, education, employment, employment history, bank account
23number, credit card number, debit card number, orbegin delete anyend delete other
24financial information, medical information, or health insurance
25information. “Personal information” does not include publicly
26available information that is lawfully made available to the general
27public from federal, state, or local government records.



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