Amended in Assembly April 25, 2016

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.


AB 1687, as amended, 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 servicebegin delete provider, as defined,end deletebegin insert providerend insert 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.begin insert The bill would define terms for purposes of these provisions.end insert

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

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

P2    1


Section 1798.83.5 is added to the Civil Code, to



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

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

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 databegin delete that includes personal
24information of peopleend delete
begin insert information, including, but not limited to,
25age and date of birth information, about individualsend insert
employed in
26the entertainment industry, including television, films, and video
27games, and that makes thebegin delete personalend delete information available to the
28public or potential employers.

29(2) “Payment” means a fee in exchange for advertisements, or
30any other form of compensation or benefit.

31(3) “Provide employment services” means post resumes,
32photographs, or other information about abegin delete job applicantend deletebegin insert subscriberend insert
33 when one of the purposes is to provide individually identifiable
34informationbegin insert about the subscriberend insert to a prospective employer.

begin insert

(4) “Subscriber” means a natural person who enters into a
36contractual agreement with a commercial online entertainment
P3    1employment service provider to receive employment services in
2return for a subscription payment.

end insert