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 service provider 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 thebegin delete providerend deletebegin insert
provider, within 5 days,end insert to remove any information regarding the subscriber’s age from any Internet Web site under the provider’s control if requested by the subscriber. The bill would define terms for purposes of these provisions.begin insert Under the bill, a provider that permits the public to upload or modify content on its own Internet Web site or any Internet Web site under its control without prior review by that provider would not be in violation of these provisions unless the subscriber first requested the provider to remove age information. 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:
Section 1798.83.5 is added to the Civil Code, to
2read:
(a) The purpose of this section is to ensure that
4information obtained on an Internet Web site regarding an
5individual’s age will not be used in furtherance of employment or
6age 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
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)begin delete shallend deletebegin insert shall, within five days,end insert
17 remove the subscriber’s date of birth and age information from
18public view on all Internet Web sites under its control upon specific
19request by the subscriber naming the Internet Web sites.begin insert end insertbegin insertA
20
commercial online entertainment employment service provider
21that permits members of the public to upload or modify Internet
22content on its own Internet Web site or any Internet Web site under
23its control without prior review by that provider shall not be
24deemed in violation of this section unless first requested by the
25subscriber to remove age information. end insert
26(d) For purposes of this section, the following definitions apply:
27(1) “Commercial online entertainment employment service
28provider” means a person or business that owns, licenses, or
29otherwise possesses computerizedbegin delete dataend delete information, including, but
30not limited to, age and date of birth information, about individuals
31employed
in the entertainment industry, including television, films,
P3 1and video games, and that makes the information available to the
2public or potential employers.
3(2) “Payment” means a fee in exchange for advertisements, or
4any other form of compensation or benefit.
5(3) “Provide employment services” means post resumes,
6photographs, or other information about a subscriber when one of
7the purposes is to provide individually identifiable information
8about the subscriber to a prospective employer.
9(4) “Subscriber” means a natural person who enters into a
10contractual agreement with a commercial online entertainment
11employment service provider to receive
employment services in
12return for a subscription payment.
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