BILL NUMBER: AB 2246	CHAPTERED
	BILL TEXT

	CHAPTER   1039
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 30, 2000
	PASSED THE SENATE   AUGUST 25, 2000
	PASSED THE ASSEMBLY   AUGUST 25, 2000
	AMENDED IN SENATE   AUGUST 18, 2000
	AMENDED IN ASSEMBLY   MAY 11, 2000
	AMENDED IN ASSEMBLY   MARCH 30, 2000

INTRODUCED BY   Assembly Member Wayne
   (Coauthor:  Assembly Member Alquist)

                        FEBRUARY 24, 2000

   An act to add Title 1.81 (commencing with Section 1798.80) to Part
4 of Division 3 of the Civil Code, relating to customer records.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2246, Wayne.  Customer records:  personal information:
disposal.
   Existing law does not regulate the disposal by businesses of
records containing the personal information of customers.
   This bill would require a business to ensure the privacy of a
customer's personal information, as defined, contained in records by
destroying, or arranging for the destruction of the records by
shredding, erasing, or otherwise modifying the customer record to
make information therein unreadable or undecipherable through any
means.  Any customer injured by a business' violation of these
provisions would be entitled to institute a civil action to recover
damages, obtain injunctive relief, or seek other remedies.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Title 1.81 (commencing with Section 1798.80) is added
to Part 4 of Division 3 of the Civil Code, to read:

      TITLE 1.81.  CUSTOMER RECORDS

   1798.80.  The following definitions apply to this title:
   (a) "Business" means a sole proprietorship, partnership,
corporation, association, or other group, however organized and
whether or not organized to operate at a profit, including a
financial institution organized, chartered, or holding a license or
authorization certificate under the law of this state, any other
state, the United States, or of any other country, or the parent or
the subsidiary of a financial institution.  The term includes an
entity that destroys records.
   (b) "Records" means any material, regardless of the physical form,
on which information is recorded or preserved by any means,
including in written or spoken words, graphically depicted, printed,
or electromagnetically transmitted.  "Records" does not include
publicly available directories containing information an individual
has voluntarily consented to have publicly disseminated or listed,
such as name, address, or telephone number.
   (c) "Customer" means an individual who provides personal
information to a business for the purpose of purchasing or leasing a
product or obtaining a service from the business.
   (d) "Individual" means a natural person.
   (e) "Personal information" means any information that identifies,
relates to, describes, or is capable of being associated with, a
particular individual, including, but not limited to, his or her
name, signature, social security number, physical characteristics or
description, address, telephone number, passport number, driver's
license or state identification card number, insurance policy number,
education, employment, employment history, bank account number,
credit card number, debit card number, or any other financial
information.
   1798.81.  A business shall take all reasonable steps to destroy,
or arrange for the destruction of  a customer's records within its
custody or control containing personal information which is no longer
to be retained by the business by (1) shredding, (2) erasing, or (3)
otherwise modifying the personal information in those records to
make it unreadable or undecipherable through any means.
   1798.82.  (a) Any customer injured by a violation of this title
may institute a civil action to recover damages.
   (b) Any business that violates, proposes to violate, or has
violated this title may be enjoined.
   (c) The rights and remedies available under this section are
cumulative to each other and to any other rights and remedies
available under law.