Amended in Senate May 19, 2015

Senate BillNo. 741


Introduced by Senator Hill

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(Coauthors: Senators Anderson and Leno)

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February 27, 2015


An act to add Article 11 (commencing with Section 53166) to Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code, relating to communications.

LEGISLATIVE COUNSEL’S DIGEST

SB 741, as amended, Hill. Mobile communications: privacy.

Existing law makes it a crime to manufacture, assemble, sell, advertise for sale, possess, transport, import, or furnish to anotherbegin delete anend deletebegin insert aend insert device that is primarily or exclusively designed or intended for eavesdropping upon the communication of another, or any device that is primarily or exclusively designed or intended for the unauthorized interception of reception of communications between a cellular radio telephone, as defined, and a landline telephone or other cellular radio telephone. Existing law additionally makes it a crime to purchase, sell, offer to purchase or sell, or conspire to purchase or sell, any telephone calling pattern record or list, without the written consent of the subscriber, or to procure, obtain, attempt to obtain, or conspire to obtain, any calling pattern record or list through fraud or deceit. Existing law contains certain exemptions from these crimes for law enforcement agencies.

This bill wouldbegin insert require every local agency that operates cellular communications interception technology, as defined, to (1) ensure that information and data gathered through use of that technology 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 information and data gathered through use of the technology from unauthorized access, destruction, use, modification, or disclosure, and (3) implement and maintain a usage and privacy policy, as specified, to ensure that the collection, use, maintenance, sharing, and dissemination of information and data gathered through use of the technology is consistent with respect for an individual’s privacy and civil liberties. The bill wouldend insert prohibit a local agency from acquiring or using cellular communications interception technologybegin delete, as defined,end delete unless that acquisition or use is approved by a resolution or ordinance adopted by its legislature body at a regularly scheduled public meeting of the legislative body at which members of the public are afforded a reasonable opportunity to comment. The bill would require that the resolution or ordinance set forth the policies of the local agency asbegin delete to authorized uses of cellular communications interception technology, and as to the use, protection from unauthorized disclosure, and disposal of data obtained through that technology. Ifend deletebegin insert described above in (1), (2), and (3). The bill would require that the local agency make the usage and privacy policy available in writing and ifend insert the local agency maintains an Internet Web site,begin delete the bill would require the agencyend delete to conspicuously postbegin delete theseend deletebegin insert theend insert usage and privacy policies on that site.begin insert end insertbegin insertThe 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.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:

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SECTION 1.  

Article 11 (commencing with Section 53166) is
2added to Chapter 1 of Part 1 of Division 2 of Title 5 of the 3Government Code, to read:

4 

5Article 11.  Cellular Communications Interception
6

 

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53166.  

(a) For purposes of this article, the following terms
8have the following meanings:

P3    1(1) “Cellular communications interception technology” means
2any device that intercepts mobile telephony calling information
3or content, including an international mobile subscriber identity
4catcher or other virtual base transceiver station that masquerades
5as a cellular station and logs mobile telephony calling information.

6(2) “Local agency” means any city, county, city and county,
7special district, authority, community redevelopment agency, or
8other political subdivision of the state, and includes every county
9sheriff and city police department.

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10(b) Every local agency that operates cellular communications
11interception technology shall do all of the following:

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12(1) Ensure that information and data gathered through the use
13of cellular communications interception technology is protected
14with reasonable operational, administrative, technical, and
15physical safeguards to ensure its confidentiality and integrity.

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16(2) Implement and maintain reasonable security procedures
17and practices in order to protect information and data gathered
18through the use of cellular communications interception technology
19from unauthorized access, destruction, use, modification, or
20disclosure.

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21(3) Implement and maintain a usage and privacy policy in order
22to ensure that the collection, use, maintenance, sharing, and
23dissemination of information and data gathered through the use
24of cellular communications interception technology is consistent
25with respect for an individual’s privacy and civil liberties. This
26usage and privacy policy shall be available in writing, and, if the
27local agency has an Internet Web site, the usage and privacy policy
28shall be posted conspicuously on that Internet Web site. The usage
29and privacy policy shall, at a minimum, include all of the following:

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30(A) The authorized purposes for using cellular communications
31interception technology and for collecting information or data
32using that technology.

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33(B) A description of the employees who are authorized to use,
34or access information or data collected through the use of, cellular
35communications interception technology. The policy shall identify
36the training requirements necessary for those authorized
37employees.

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38(C) A description of how the use of cellular communications
39interception technology will be monitored to ensure compliance
P4    1with all applicable privacy laws and a process for periodic system
2audits.

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3(D) A description of reasonable measures that will be used to
4ensure the accuracy of information or data gathered through the
5use of cellular communications interception technology and a
6process to correct errors.

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7(E) A description of how the local agency will comply with the
8security procedures and practices implemented and maintained
9pursuant to paragraph (2).

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10(F) The length of time information or data gathered through
11the use of cellular communications interception technology will
12be stored or retained, and the process the local agency will utilize
13to determine if and when to destroy stored or retained information
14or data.

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15(G) The official custodian, or owner, of information or data
16gathered through the use of cellular communications interception
17technology and which employees have the responsibility and
18accountability for implementing this subdivision.

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19(H) The purpose of, and process for, sharing or disseminating
20information or data gathered through the use of cellular
21communications interception technology with other persons. The
22policy shall also identify how the use or further sharing or
23dissemination of that information or data will be restricted in order
24to ensure respect for an individual’s privacy and civil liberties.

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25(b)

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26begin insert(c)end insert No local agency may acquire or use cellular communications
27interception technology unless approved by its legislative body by
28adoption of a resolution or ordinance authorizing that acquisition
29or use.

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30(c)

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31begin insert(d)end insert The legislative body of a local agency shall not approve a
32resolution or ordinance authorizing the acquisition or use of cellular
33communications interception technology, unless the resolution or
34ordinance is adopted at a regularly scheduled public meeting of
35the legislative body at which members of the public are afforded
36a reasonable opportunity to comment upon the proposed resolution
37or ordinance. The resolution or ordinance shall set forth the policies
38of the local agency as begin delete to the circumstances when cellular
39communications interception technology may be employed, and
40usage and privacy policies, which shall include, but need not be
P5    1limited to, how data obtained through use of the technology is to
2be used, protected from unauthorized disclosure, and disposed of
3once it is no longer needed.end delete
begin insert required by paragraph (3) of
4subdivision (b).end insert

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5(d) If the local agency maintains an Internet Web site, the
6cellular communications interception technology usage and privacy
7policies shall be posted conspicuously on that site.

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8(e) In addition to any other sanctions, penalties, or remedies
9provided by law, an individual who has been harmed by a violation
10of this section may bring a civil action in any court of competent
11 jurisdiction against a person who knowingly caused that violation.
12The court may award a combination of any one or more of the
13following:

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14(1) Actual damages, but not less than liquidated damages in the
15amount of two thousand five hundred dollars ($2,500).

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16(2) Punitive damages upon proof of willful or reckless disregard
17of the law.

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18(3) Reasonable attorney’s fees and other litigation costs
19reasonably incurred.

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20(4) Other preliminary and equitable relief as the court
21determines to be appropriate.

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