BILL NUMBER: SB 741 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 24, 2015
AMENDED IN SENATE MAY 19, 2015
INTRODUCED BY Senator Hill
(Coauthors: Senators Anderson and Leno)
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 another
a 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 would 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
operational, administrative, technical, and physical safeguards
to protect information and data gathered through
use of the technology from unauthorized access, destruction, use,
modification, or disclosure, 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 complies with applicable law and is consistent
with respect for an individual's privacy and civil liberties. The
bill would prohibit a local agency from acquiring or using cellular
communications interception technology 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 as described
above in (1), (2), and (3). agency. The bill
would require that the local agency make the usage and privacy policy
available in writing to the publi c and if the
local agency maintains an Internet Web site, to conspicuously post
the usage and privacy policies on that site. 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.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 11 (commencing with Section 53166) is added to
Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code,
to read:
Article 11. Cellular Communications Interception
53166. (a) For purposes of this article, the following terms have
the following meanings:
(1) "Cellular communications interception technology" means any
device that intercepts mobile telephony calling information or
content, including an international mobile subscriber identity
catcher or other virtual base transceiver station that masquerades as
a cellular station and logs mobile telephony calling information.
(2) "Local agency" means any city, county, city and county,
special district, authority, community redevelopment agency, or other
political subdivision of the state, and includes every county
sheriff and city police department.
(b) Every local agency that operates cellular communications
interception technology shall do all both
of the following:
(1) Ensure that information and data gathered through the use of
cellular communications interception technology is protected with
reasonable operational, administrative, technical, and physical
safeguards to ensure its confidentiality and integrity.
(2) Implement and maintain
(1) Maintain reasonable security
procedures and practices in order practices,
including operational, administrative, technical, and physical
safeguards, to protect information and data
gathered through the use of cellular communications interception
technology from unauthorized access, destruction, use, modification,
or disclosure.
(3)
(2) Implement and maintain a usage
and privacy policy in order to ensure that the
collection, use, maintenance, sharing, and dissemination of
information and data gathered through the use of
cellular communications interception technology complies with
all applicable law and is consistent with respect for an
individual's privacy and civil liberties. This usage and privacy
policy shall be available in writing, writing
to the public, and, if the local agency has an Internet Web
site, the usage and privacy policy shall be posted conspicuously on
that Internet Web site. The usage and privacy policy shall, at a
minimum, include all of the following:
(A) The authorized purposes for using cellular communications
interception technology and for collecting information or
data using that technology.
(B) A description of the job title or other designation of
the employees who are authorized to use, or access information
or data collected through the use of, cellular
communications interception technology. The policy shall identify the
training requirements necessary for those authorized employees.
(C) A description of how the local agency will monitor its
own use of cellular communications interception technology
will be monitored to ensure the accuracy of
the information collected and compliance with all applicable
privacy laws and a process for periodic laws,
including laws providing for process and time period system
audits.
(D) A description of reasonable measures that will be used to
ensure the accuracy of information or data gathered through the use
of cellular communications interception technology and a process to
correct errors.
(E) A description of how the local agency will comply with the
security procedures and practices implemented and maintained pursuant
to paragraph (2).
(D) The existence of a memorandum of understanding or other
agreement with another local agency or any other party for the shared
use of cellular communications interception technology or the
sharing of information collected through its use, including the
identity of signatory parties.
(E) The purpose of, process for, and restrictions on, the sharing
of information gathered through the use of cellular communications
interception technology with other local agencies and persons.
(F) The length of time information or data
gathered through the use of cellular communications interception
technology will be stored or retained, and the
process the local agency will utilize to determine if and when to
destroy stored or retained information or
data. information.
(G) The official custodian, or owner, of information or data
gathered through the use of cellular communications interception
technology and which employees have the responsibility and
accountability for implementing this subdivision.
(H) The purpose of, and process for, sharing or disseminating
information or data gathered through the use of cellular
communications interception technology with other persons. The policy
shall also identify how the use or further sharing or dissemination
of that information or data will be restricted in order to ensure
respect for an individual's privacy and civil liberties.
(c) No local agency may acquire or use cellular communications
interception technology unless approved by its legislative body by
adoption adoption, at a regularly scheduled
public meeting with an opportunity for public comment, of a
resolution or ordinance authorizing that acquisition or use.
use and the usage and privacy
policy required by this section.
(d) The legislative body of a local agency shall not approve a
resolution or ordinance authorizing the acquisition or use of
cellular communications interception technology, unless the
resolution or ordinance is adopted at a regularly scheduled public
meeting of the legislative body at which members of the public are
afforded a reasonable opportunity to comment upon the proposed
resolution or ordinance. The resolution or ordinance shall set forth
the policies of the local agency as required by paragraph (3) of
subdivision (b).
(e)
(d) In addition to any other sanctions, penalties, or
remedies provided by law, an individual who has been harmed by a
violation of this section may bring a civil action in any court of
competent jurisdiction against a person who knowingly caused that
violation. 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.