California Legislature—2015–16 Regular Session

Assembly BillNo. 1687


Introduced by Assembly Member Calderon

January 20, 2016


An act to add Section 1798.83.5 to the Civil Code, relating to personal data.

LEGISLATIVE COUNSEL’S DIGEST

AB 1687, as introduced, Calderon. Customer records: age information: commercial online entertainment employment service providers.

Existing law requires a business that owns, licenses, or maintains personal information about a California resident to implement and maintain reasonable security procedures and practices appropriate to the nature of the information, to protect the personal information from unauthorized access, destruction, use, modification, or disclosure. Existing law provides specified civil penalties for a violation of these provisions.

This bill would prohibit a commercial online entertainment employment service provider, as defined, that enters into a contractual agreement to provide specified employment services to an individual paid subscriber from publishing information about the subscriber’s age and would require the provider to remove any information regarding the subscriber’s age from any Internet Web site under the provider’s control if requested by the subscriber.

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 1798.83.5 is added to the Civil Code, to
2read:

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1798.83.5.  

(a) The purpose of this section is to ensure that
4information obtained on an Internet Web site regarding a person’s
5age will not be used in furtherance of employment or age
6discrimination.

7(b) A commercial online entertainment employment service
8provider that enters into a contractual agreement to provide
9employment services to an individual for a subscription payment
10shall not, upon request by the subscriber, do either of the following:

11(1) Publish or make public the subscriber’s date of birth or age
12information.

13(2) Share the subscriber’s date of birth or age information with
14any Internet Web sites for the purpose of publication.

15(c) A commercial online entertainment employment service
16provider subject to subdivision (b) shall remove the subscriber’s
17date of birth and age information from public view on all Internet
18Web sites under its control upon specific request by the subscriber
19naming the Internet Web sites.

20(d) For purposes of this section, the following definitions apply:

21(1) “Commercial online entertainment employment service
22provider” means a person or business that owns, licenses, or
23otherwise possesses computerized data that includes personal
24information of people employed in the entertainment industry,
25including television, films, and video games, and that makes the
26 personal information available to the public or potential employers.

27(2) “Payment” means a fee in exchange for advertisements, or
28any other form of compensation or benefit.

29(3) “Provide employment services” means post resumes,
30photographs, or other information about a job applicant when one
31of the purposes is to provide individually identifiable information
32to a prospective employer.



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