Amended in Senate August 2, 2016

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 age in an online profile of the subscriber and would require the provider, within 5 days, to removebegin delete anyend deletebegin insert from public view in an online profile of the subscriber certainend insert information regarding the subscriber’s agebegin delete from an online profile of the subscriber fromend deletebegin insert onend insert anybegin insert companionend insert 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:

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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 information in an online profile of the subscriber.

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
17frombegin insert public view inend insert an online profile of the subscriber the
18subscriber’s date of birth and age informationbegin delete from public viewend delete
19 onbegin delete allend deletebegin insert any companionend insert Internet Web sites under its control upon
20specific request by the subscriber naming the Internet Web sites.
21 A commercial online entertainment employment service provider
22that permits members of the public to upload or modify Internet
23content on its own Internet Web site or any Internet Web site under
24its control without prior review by that provider shall not be
25deemed in violation of this section unless first requested by the
26subscriber to remove age information.

P3    1(d) For purposes of this section, the following definitions apply:

2(1) “Commercial online entertainment employment service
3provider” means a person or business that owns, licenses, or
4otherwise possesses computerized information, including, but not
5limited to, age and date of birth information, about individuals
6employed in the entertainment industry, including television, films,
7and video games, and that makes the information available to the
8public or potential employers.

9(2) “Payment” means a fee in exchange for advertisements, or
10any other form of compensation or benefit.

11(3) “Provide employment services” means post resumes,
12photographs, or other information about a subscriber when one of
13the purposes is to provide individually identifiable information
14about the subscriber to a prospective employer.

15(4) “Subscriber” means a natural person who enters into a
16contractual agreement with a commercial online entertainment
17employment service provider to receive employment services in
18return for a subscription payment.



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