BILL NUMBER: SB 34 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Hill
DECEMBER 1, 2014
An act to amend Sections 1798.29 and 1798.82 of, and to add Title
1.81.23 (commencing with Section 1798.90.5) to Part 4 of Division 3
of, the Civil Code, relating to personal information.
LEGISLATIVE COUNSEL'S DIGEST
SB 34, as introduced, Hill. Automated license plate recognition
systems: use of data.
(1) Existing law authorizes the Department of the California
Highway Patrol to retain license plate data captured by license plate
recognition (LPR) technology, also referred to as an automated
license plate recognition (ALPR) system, for not more than 60 days
unless the data is being used as evidence or for the investigation of
felonies. Existing law prohibits the department from selling the
data or from making the data available to an agency that is not a law
enforcement agency or an individual that is not a law enforcement
officer.
Existing law authorizes the department to use LPR data for the
purpose of locating vehicles or persons reasonably suspected of being
involved in the commission of a public offense, and requires the
department to monitor the internal use of the data to prevent
unauthorized use and to submit to the Legislature, as a part of the
annual automobile theft report, information on the department's LPR
practices and usage.
This bill would impose specified requirements on an "ALPR operator"
as defined, including, among others, ensuring that the information
the ALPR operator collects is protected with certain safeguards, and
implementing and maintaining specified security procedures and a
usage and privacy policy with respect to that information.
The bill would require an ALPR operator that accesses or provides
access to ALPR information to maintain a specified record of that
access.
This bill would also require an "ALPR end-user," as defined, to
implement and maintain a specified usage and privacy policy.
The bill would, in addition to any other sanctions, penalties, or
remedies provided by law, authorize an individual who has been harmed
by a violation of these provisions to bring a civil action in any
court of competent jurisdiction against a person who knowingly caused
that violation.
The bill would require a public agency that considers implementing
a program to gather information through the use of an ALPR system to
provide an opportunity for public comment at a regularly scheduled
public meeting of the governing body of the public agency before it
implements the program.
(2) Existing law requires any agency, and any person or business
conducting business in California, that owns or licenses computerized
data that includes personal information, as defined, to disclose in
specified ways, any breach of the security of the system or data, as
defined, following discovery or notification of the security breach,
to any California resident whose unencrypted personal information
was, or is reasonably believed to have been, acquired by an
unauthorized person. Existing law defines "personal information" for
these purposes to include an individual's first name and last name,
or first initial and last name, in combination with one or more
designated data elements relating to, among other things, social
security numbers, driver's license numbers, financial accounts, and
medical information.
This bill would include information or data collected through the
use or operation of an automated license plate recognition system,
when that information is not encrypted and is used in combination
with an individual's name, in the definition of "personal information"
discussed above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1798.29 of the Civil Code is amended to read:
1798.29. (a) Any agency that owns or licenses computerized data
that includes personal information shall disclose any breach of the
security of the system following discovery or notification of the
breach in the security of the data to any resident of California
whose unencrypted personal information was, or is reasonably believed
to have been, acquired by an unauthorized person. The disclosure
shall be made in the most expedient time possible and without
unreasonable delay, consistent with the legitimate needs of law
enforcement, as provided in subdivision (c), or any measures
necessary to determine the scope of the breach and restore the
reasonable integrity of the data system.
(b) Any agency that maintains computerized data that includes
personal information that the agency does not own shall notify the
owner or licensee of the information of any breach of the security of
the data immediately following discovery, if the personal
information was, or is reasonably believed to have been, acquired by
an unauthorized person.
(c) The notification required by this section may be delayed if a
law enforcement agency determines that the notification will impede a
criminal investigation. The notification required by this section
shall be made after the law enforcement agency determines that it
will not compromise the investigation.
(d) Any agency that is required to issue a security breach
notification pursuant to this section shall meet all of the following
requirements:
(1) The security breach notification shall be written in plain
language.
(2) The security breach notification shall include, at a minimum,
the following information:
(A) The name and contact information of the reporting agency
subject to this section.
(B) A list of the types of personal information that were or are
reasonably believed to have been the subject of a breach.
(C) If the information is possible to determine at the time the
notice is provided, then any of the following: (i) the date of the
breach, (ii) the estimated date of the breach, or (iii) the date
range within which the breach occurred. The notification shall also
include the date of the notice.
(D) Whether the notification was delayed as a result of a law
enforcement investigation, if that information is possible to
determine at the time the notice is provided.
(E) A general description of the breach incident, if that
information is possible to determine at the time the notice is
provided.
(F) The toll-free telephone numbers and addresses of the major
credit reporting agencies, if the breach exposed a social security
number or a driver's license or California identification card
number.
(3) At the discretion of the agency, the security breach
notification may also include any of the following:
(A) Information about what the agency has done to protect
individuals whose information has been breached.
(B) Advice on steps that the person whose information has been
breached may take to protect himself or herself.
(4) In the case of a breach of the security of the system
involving personal information defined in paragraph (2) of
subdivision (g) for an online account, and no other personal
information defined in paragraph (1) of subdivision (g), the agency
may comply with this section by providing the security breach
notification in electronic or other form that directs the person
whose personal information has been breached to promptly change his
or her password and security question or answer, as applicable, or to
take other steps appropriate to protect the online account with the
agency and all other online accounts for which the person uses the
same user name or email address and password or security question or
answer.
(5) In the case of a breach of the security of the system
involving personal information defined in paragraph (2) of
subdivision (g) for login credentials of an email account furnished
by the agency, the agency shall not comply with this section by
providing the security breach notification to that email address, but
may, instead, comply with this section by providing notice by
another method described in subdivision (i) or by clear and
conspicuous notice delivered to the resident online when the resident
is connected to the online account from an Internet Protocol address
or online location from which the agency knows the resident
customarily accesses the account.
(e) Any agency that is required to issue a security breach
notification pursuant to this section to more than 500 California
residents as a result of a single breach of the security system shall
electronically submit a single sample copy of that security breach
notification, excluding any personally identifiable information, to
the Attorney General. A single sample copy of a security breach
notification shall not be deemed to be within subdivision (f) of
Section 6254 of the Government Code.
(f) For purposes of this section, "breach of the security of the
system" means unauthorized acquisition of computerized data that
compromises the security, confidentiality, or integrity of personal
information maintained by the agency. Good faith acquisition of
personal information by an employee or agent of the agency for the
purposes of the agency is not a breach of the security of the system,
provided that the personal information is not used or subject to
further unauthorized disclosure.
(g) For purposes of this section, "personal information" means
either of the following:
(1) An individual's first name or first initial and last name in
combination with any one or more of the following data elements, when
either the name or the data elements are not encrypted:
(A) Social security number.
(B) Driver's license number or California identification card
number.
(C) Account number, credit or debit card number, in combination
with any required security code, access code, or password that would
permit access to an individual's financial account.
(D) Medical information.
(E) Health insurance information.
(F) Information or data collected through the use or operation of
an automated license plate recognition system, as defined in Section
1798.90.5.
(2) A user name or email address, in combination with a password
or security question and answer that would permit access to an online
account.
(h) (1) For purposes of this section, "personal information" does
not include publicly available information that is lawfully made
available to the general public from federal, state, or local
government records.
(2) For purposes of this section, "medical information" means any
information regarding an individual's medical history, mental or
physical condition, or medical treatment or diagnosis by a health
care professional.
(3) For purposes of this section, "health insurance information"
means an individual's health insurance policy number or subscriber
identification number, any unique identifier used by a health insurer
to identify the individual, or any information in an individual's
application and claims history, including any appeals records.
(i) For purposes of this section, "notice" may be provided by one
of the following methods:
(1) Written notice.
(2) Electronic notice, if the notice provided is consistent with
the provisions regarding electronic records and signatures set forth
in Section 7001 of Title 15 of the United States Code.
(3) Substitute notice, if the agency demonstrates that the cost of
providing notice would exceed two hundred fifty thousand dollars
($250,000), or that the affected class of subject persons to be
notified exceeds 500,000, or the agency does not have sufficient
contact information. Substitute notice shall consist of all of the
following:
(A) Email notice when the agency has an email address for the
subject persons.
(B) Conspicuous posting of the notice on the agency's Internet Web
site page, if the agency maintains one.
(C) Notification to major statewide media and the Office of
Information Security within the Department of Technology.
(j) Notwithstanding subdivision (i), an agency that maintains its
own notification procedures as part of an information security policy
for the treatment of personal information and is otherwise
consistent with the timing requirements of this part shall be deemed
to be in compliance with the notification requirements of this
section if it notifies subject persons in accordance with its
policies in the event of a breach of security of the system.
(k) Notwithstanding the exception specified in paragraph (4) of
subdivision (b) of Section 1798.3, for purposes of this section,
"agency" includes a local agency, as defined in subdivision (a) of
Section 6252 of the Government Code.
SEC. 2. Section 1798.82 of the Civil Code is amended to read:
1798.82. (a) A person or business that conducts business in
California, and that owns or licenses computerized data that includes
personal information, shall disclose a breach of the security of the
system following discovery or notification of the breach in the
security of the data to a resident of California whose unencrypted
personal information was, or is reasonably believed to have been,
acquired by an unauthorized person. The disclosure shall be made in
the most expedient time possible and without unreasonable delay,
consistent with the legitimate needs of law enforcement, as provided
in subdivision (c), or any measures necessary to determine the scope
of the breach and restore the reasonable integrity of the data
system.
(b) A person or business that maintains computerized data that
includes personal information that the person or business does not
own shall notify the owner or licensee of the information of the
breach of the security of the data immediately following discovery,
if the personal information was, or is reasonably believed to have
been, acquired by an unauthorized person.
(c) The notification required by this section may be delayed if a
law enforcement agency determines that the notification will impede a
criminal investigation. The notification required by this section
shall be made promptly after the law enforcement agency determines
that it will not compromise the investigation.
(d) A person or business that is required to issue a security
breach notification pursuant to this section shall meet all of the
following requirements:
(1) The security breach notification shall be written in plain
language.
(2) The security breach notification shall include, at a minimum,
the following information:
(A) The name and contact information of the reporting person or
business subject to this section.
(B) A list of the types of personal information that were or are
reasonably believed to have been the subject of a breach.
(C) If the information is possible to determine at the time the
notice is provided, then any of the following: (i) the date of the
breach, (ii) the estimated date of the breach, or (iii) the date
range within which the breach occurred. The notification shall also
include the date of the notice.
(D) Whether notification was delayed as a result of a law
enforcement investigation, if that information is possible to
determine at the time the notice is provided.
(E) A general description of the breach incident, if that
information is possible to determine at the time the notice is
provided.
(F) The toll-free telephone numbers and addresses of the major
credit reporting agencies if the breach exposed a social security
number or a driver's license or California identification card
number.
(G) If the person or business providing the notification was the
source of the breach, an offer to provide appropriate identity theft
prevention and mitigation services, if any, shall be provided at no
cost to the affected person for not less than 12 months, along with
all information necessary to take advantage of the offer to any
person whose information was or may have been breached if the breach
exposed or may have exposed personal information defined in
subparagraphs (A) and (B) of paragraph (1) of subdivision (h).
(3) At the discretion of the person or business, the security
breach notification may also include any of the following:
(A) Information about what the person or business has done to
protect individuals whose information has been breached.
(B) Advice on steps that the person whose information has been
breached may take to protect himself or herself.
(4) In the case of a breach of the security of the system
involving personal information defined in paragraph (2) of
subdivision (h) for an online account, and no other personal
information defined in paragraph (1) of subdivision (h), the person
or business may comply with this section by providing the security
breach notification in electronic or other form that directs the
person whose personal information has been breached promptly to
change his or her password and security question or answer, as
applicable, or to take other steps appropriate to protect the online
account with the person or business and all other online accounts for
which the person whose personal information has been breached uses
the same user name or email address and password or security question
or answer.
(5) In the case of a breach of the security of the system
involving personal information defined in paragraph (2) of
subdivision (h) for login credentials of an email account furnished
by the person or business, the person or business shall not comply
with this section by providing the security breach notification to
that email address, but may, instead, comply with this section by
providing notice by another method described in subdivision (j) or by
clear and conspicuous notice delivered to the resident online when
the resident is connected to the online account from an Internet
Protocol address or online location from which the person or business
knows the resident customarily accesses the account.
(e) A covered entity under the federal Health Insurance
Portability and Accountability Act of 1996 (42 U.S.C. Sec. 1320d et
seq.) will be deemed to have complied with the notice requirements in
subdivision (d) if it has complied completely with Section 13402(f)
of the federal Health Information Technology for Economic and
Clinical Health Act (Public Law 111-5). However, nothing in this
subdivision shall be construed to exempt a covered entity from any
other provision of this section.
(f) A person or business that is required to issue a security
breach notification pursuant to this section to more than 500
California residents as a result of a single breach of the security
system shall electronically submit a single sample copy of that
security breach notification, excluding any personally identifiable
information, to the Attorney General. A single sample copy of a
security breach notification shall not be deemed to be within
subdivision (f) of Section 6254 of the Government Code.
(g) For purposes of this section, "breach of the security of the
system" means unauthorized acquisition of computerized data that
compromises the security, confidentiality, or integrity of personal
information maintained by the person or business. Good faith
acquisition of personal information by an employee or agent of the
person or business for the purposes of the person or business is not
a breach of the security of the system, provided that the personal
information is not used or subject to further unauthorized
disclosure.
(h) For purposes of this section, "personal information" means
either of the following:
(1) An individual's first name or first initial and last name in
combination with any one or more of the following data elements, when
either the name or the data elements are not encrypted:
(A) Social security number.
(B) Driver's license number or California identification card
number.
(C) Account number, credit or debit card number, in combination
with any required security code, access code, or password that would
permit access to an individual's financial account.
(D) Medical information.
(E) Health insurance information.
(F) Information or data collected through the use or operation of
an automated license plate recognition system, as defined in Section
1798.90.5.
(2) A user name or email address, in combination with a password
or security question and answer that would permit access to an online
account.
(i) (1) For purposes of this section, "personal information" does
not include publicly available information that is lawfully made
available to the general public from federal, state, or local
government records.
(2) For purposes of this section, "medical information" means any
information regarding an individual's medical history, mental or
physical condition, or medical treatment or diagnosis by a health
care professional.
(3) For purposes of this section, "health insurance information"
means an individual's health insurance policy number or subscriber
identification number, any unique identifier used by a health insurer
to identify the individual, or any information in an individual's
application and claims history, including any appeals records.
(j) For purposes of this section, "notice" may be provided by one
of the following methods:
(1) Written notice.
(2) Electronic notice, if the notice provided is consistent with
the provisions regarding electronic records and signatures set forth
in Section 7001 of Title 15 of the United States Code.
(3) Substitute notice, if the person or business demonstrates that
the cost of providing notice would exceed two hundred fifty thousand
dollars ($250,000), or that the affected class of subject persons to
be notified exceeds 500,000, or the person or business does not have
sufficient contact information. Substitute notice shall consist of
all of the following:
(A) Email notice when the person or business has an email address
for the subject persons.
(B) Conspicuous posting of the notice on the Internet Web site
page of the person or business, if the person or business maintains
one.
(C) Notification to major statewide media.
(k) Notwithstanding subdivision (j), a person or business that
maintains its own notification procedures as part of an information
security policy for the treatment of personal information and is
otherwise consistent with the timing requirements of this part, shall
be deemed to be in compliance with the notification requirements of
this section if the person or business notifies subject persons in
accordance with its policies in the event of a breach of security of
the system.
SEC. 3. Title 1.81.23 (commencing with Section 1798.90.5) is added
to Part 4 of Division 3 of the Civil Code, to read:
TITLE 1.81.23. COLLECTION OF LICENSE PLATE INFORMATION
1798.90.5. The following definitions shall apply for purposes of
this title:
(a) "Automated license plate recognition end-user" or "ALPR
end-user" means a person that accesses or uses ALPR information, but
does not include a transportation agency when subject to Section
31490 of the Streets and Highways Code.
(b) "Automated license plate recognition information," or "ALPR
information" means information or data collected through the use of
an ALPR system.
(c) "Automated license plate recognition operator" or "ALPR
operator" means a person that operates an ALPR system, or that stores
or maintains ALPR information, but does not include a transportation
agency when subject to Section 31490 of the Streets and Highways
Code.
(d) "Automated license plate recognition system" or "ALPR system"
means a system of one or more mobile or fixed cameras combined with
computer algorithms to read and convert images of registration plates
and the characters they contain into computer-readable data.
(e) "Person" includes a law enforcement agency, government agency,
private entity, or individual.
(f) "Public agency" means and includes every state agency and
every local agency.
1798.90.51. An ALPR operator shall do all of the following:
(a) (1) Ensure that ALPR information is protected with reasonable
operational, administrative, technical, and physical safeguards to
ensure its confidentiality and integrity.
(2) Implement and maintain reasonable security procedures and
practices in order to protect ALPR information from unauthorized
access, destruction, use, modification, or disclosure.
(b) (1) Implement and maintain a usage and privacy policy in order
to ensure that the collection of ALPR information is consistent with
respect for individuals' privacy and civil liberties. The usage and
privacy policy shall be available in writing, and, if the ALPR
operator has an Internet Web site, the usage and privacy policy shall
be posted conspicuously on that Internet Web site.
(2) The usage and privacy policy shall, at a minimum, include all
of the following:
(A) The authorized purposes for using ALPR systems and collecting
ALPR information.
(B) A description of the employees and independent contractors who
are authorized to use ALPR systems, to collect ALPR information, and
to access ALPR information. The policy shall identify the training
requirements necessary for those authorized employees and independent
contractors.
(C) A description of how the use of ALPR systems will be monitored
to ensure compliance with all applicable privacy laws and a process
for periodic system audits, including audits of the access log
required by Section 1798.90.52.
(D) A description of reasonable measures that will be used to
ensure the accuracy of ALPR information and a process to correct data
errors.
(E) A description of how the ALPR operator will comply with the
security procedures and practices implemented and maintained pursuant
to subdivision (b).
(F) The length of time ALPR information will be stored or
retained.
(G) The official custodian, or owner, of ALPR information and
which employees and independent contractors have the responsibility
and accountability for implementing subdivision (b) and this
subdivision.
(H) The purpose of, and process for, sharing or disseminating ALPR
information with other persons.
1798.90.52. If an ALPR operator accesses or provides access to
ALPR information, the ALPR operator shall maintain a record of that
access. At a minimum, the record shall include all of the following:
(a) The date and time the information is accessed.
(b) The license plate number or other data elements used to query
the ALPR database or system.
(c) The person who accesses the information.
(d) The purpose for accessing the information.
1798.90.53. (a) An ALPR end-user shall implement and maintain a
usage and privacy policy in order to ensure that the access and use
of ALPR information is consistent with respect for individuals'
privacy and civil liberties. The usage and privacy policy shall be
available in writing, and, if the ALPR end-user has an Internet Web
site, the usage and privacy policy shall be posted conspicuously on
that Internet Web site.
(b) The usage and privacy policy shall, at a minimum, include all
of the following:
(1) The authorized purposes for accessing and using ALPR
information.
(2) A description of the employees and independent contractors who
are authorized to access and use ALPR information. The policy shall
identify the training requirements necessary for those authorized
employees and independent contractors.
(3) A description of how the access and use of ALPR information
will be monitored to ensure compliance with all applicable privacy
laws and a process for periodic system audits.
(4) The length of time ALPR information will be retained by the
ALPR end-user and the process the ALPR end-user will utilize to
determine if and when to destroy the retained ALPR information.
(5) The official custodian of ALPR information.
(6) The purpose of, and process for, sharing or disseminating ALPR
information with other persons.
(7) A description of how the end-user will implement reasonable
security measures to secure ALPR information from unauthorized
access, destruction, use, modification, or disclosure.
1798.90.54. (a) In addition to any other sanctions, penalties, or
remedies provided by law, an individual who has been harmed by a
violation of this title may bring a civil action in any court of
competent jurisdiction against a person who knowingly caused that
violation.
(b) The court may award a combination of any one or more of the
following:
(1) Actual damages, but not less than liquidated damages in the
amount of two thousand five hundred dollars ($2,500).
(2) Punitive damages upon proof of willful or reckless disregard
of the law.
(3) Reasonable attorney's fees and other litigation costs
reasonably incurred.
(4) Other preliminary and equitable relief as the court determines
to be appropriate.
1798.90.55. Notwithstanding any other law or regulation, a public
agency that considers implementing a program to gather information
through the use of an ALPR system shall provide an opportunity for
public comment at a regularly scheduled public meeting of the
governing body of the public agency before it implements the program.