Amended in Senate June 16, 2016

Amended in Assembly May 5, 2016

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.

LEGISLATIVE COUNSEL’S DIGEST

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 agebegin insert in an online profile of the subscriberend insert and would require the provider, within 5 days, to remove any information regarding the subscriber’s agebegin insert from an online profile of the subscriberend insert 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. 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.

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 1.  

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

3

1798.83.5.  

(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
12
begin delete information.end deletebegin insert information in an online profile of the subscriber.end insert

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, within five days, remove
17begin insert from an online profile of the subscriberend insert the subscriber’s date of
18birth and age information from public view on all Internet Web
19sites under its control upon specific request by the subscriber
20naming the Internet Web sites. A commercial online entertainment
21employment service provider that permits members of the public
22to upload or modify Internet content on its own Internet Web site
23or any Internet Web site under its control without prior review by
24that provider shall not be deemed in violation of this section unless
25first requested by the subscriber to remove age information.

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 computerized information, including, but not
P3    1limited to, age and date of birth information, about individuals
2employed in the entertainment industry, including television, films,
3and video games, and that makes the information available to the
4public or potential employers.

5(2) “Payment” means a fee in exchange for advertisements, or
6any other form of compensation or benefit.

7(3) “Provide employment services” means post resumes,
8photographs, or other information about a subscriber when one of
9the purposes is to provide individually identifiable information
10about the subscriber to a prospective employer.

11(4) “Subscriber” means a natural person who enters into a
12contractual agreement with a commercial online entertainment
13employment service provider to receive employment services in
14return for a subscription payment.



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