Amended in Assembly August 17, 2015

Amended in Assembly June 24, 2015

Amended in Senate May 19, 2015

Senate BillNo. 741


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 maintain reasonable operational, administrative, technical, and physical safeguards to protect information gathered through use of the technology from unauthorized access, destruction, use, modification, or disclosure and implement a usage and privacy policy, as specified, to ensure that the collection, use, maintenance, sharing, and dissemination of information 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 acquiringbegin delete or usingend delete cellular communications interception technology unless that acquisitionbegin delete or useend delete is approved by a resolution or ordinance adopted by its legislature body at a regularly scheduled public meeting of the legislative bodybegin delete at which members of the public are afforded a reasonable opportunity to comment.end deletebegin insert held pursuant to a specified open meetings law.end insert The bill would require that the resolution or ordinance set forth the policies of the local agency. The bill would require that the local agency make the usage and privacy policy available in writing to the public 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:

P2    1

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

 

7

53166.  

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

9(1) “Cellular communications interception technology” means
10any device that intercepts mobile telephony calling information
11or content, including an international mobile subscriber identity
12catcher or other virtual base transceiver station that masquerades
13as a cellular station and logs mobile telephony calling information.

P3    1(2) “Local agency” means any city, county, city and county,
2special district, authority,begin delete community redevelopment agency,end delete or
3other political subdivision of the state, and includes every county
4sheriff and city police department.

5(b) Every local agency that operates cellular communications
6interception technology shall do both of the following:

7(1) Maintain reasonable security procedures and practices,
8including operational, administrative, technical, and physical
9safeguards, to protect information gathered through the use of
10cellular communications interception technology from unauthorized
11access, destruction, use, modification, or disclosure.

12(2) Implement a usage and privacy policy to ensure that the
13collection, use, maintenance, sharing, and dissemination of
14information gathered through the use of cellular communications
15interception technology complies with all applicable law and is
16consistent with respect for an individual’s privacy and civil
17liberties. This usage and privacy policy shall be available in writing
18to the public, and, if the local agency has an Internet Web site, the
19usage and privacy policy shall be posted conspicuously on that
20Internet Web site. The usage and privacy policy shall, at a
21minimum, include all of the following:

22(A) The authorized purposes for using cellular communications
23interception technology and for collecting information using that
24technology.

25(B) A description of the job title or other designation of the
26employees who are authorized to use, or access information
27 collected through the use of, cellular communications interception
28technology. The policy shall identify the training requirements
29necessary for those authorized employees.

30(C) A description of how the local agency will monitor its own
31use of cellular communications interception technology to ensure
32the accuracy of the information collected and compliance with all
33applicable laws, including laws providing for process and time
34period system audits.

35(D) The existence of a memorandum of understanding or other
36agreement with another local agency or any other party for the
37shared use of cellular communications interception technology or
38the sharing of information collected through its use, including the
39identity of signatory parties.

P4    1(E) The purpose of, process for, and restrictions on, the sharing
2of information gathered through the use of cellular communications
3interception technology with other local agencies and persons.

4(F) The length of time information gathered through the use of
5cellular communications interception technology will be retained,
6and the process the local agency will utilize to determine if and
7when to destroy retained information.

8(c) No local agency may acquirebegin delete or useend delete cellular communications
9interception technology unless approved by its legislative body by
10adoption, at a regularly scheduled public meetingbegin delete with an
11opportunity for public comment,end delete
begin insert held pursuant to the Ralph M.
12Brown Act (Chapter 9 (commencing with Section 54950) of Part
131 of Division 2 of Title 5 of the Government Code),end insert
of a resolution
14or ordinance authorizing that acquisition or use and the usage and
15privacy policy required by this section.

16(d) In addition to any other sanctions, penalties, or remedies
17provided by law, an individual who has been harmed by a violation
18of this section may bring a civil action in any court of competent
19 jurisdiction against a person who knowingly caused that violation.
20The court may award a combination of any one or more of the
21following:

22(1) Actual damages, but not less than liquidated damages in the
23amount of two thousand five hundred dollars ($2,500).

24(2) Punitive damages upon proof of willful or reckless disregard
25of the law.

26(3) Reasonable attorney’s fees and other litigation costs
27reasonably incurred.

28(4) Other preliminary and equitable relief as the court determines
29to be appropriate.



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