BILL NUMBER: AB 2455	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Campos

                        FEBRUARY 24, 2012

   An act to add Section 1798.98 to the Civil Code, relating to
identity theft.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2455, as introduced, Campos. Identity theft: local agencies.
   Existing law requires any state executive agency that owns or
licenses computerized data that includes personal information to
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. Existing law also permits a person to bring an action against
a claimant to establish that the person is a victim of identify
theft in connection with the claimant's claim against that person for
money or an interest in property in connection with a transaction
procured through identity theft.
   This bill would require any local agency in possession or control
of personal identifying information that is known, or reasonably
suspected, to have been the target of identity theft, to notify the
person who is the subject of the personal identifying information
that an unauthorized access of that information has occurred, and
that the person may be the victim of identity theft. The bill would
create a state-mandated local program by imposing new duties on local
agencies.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 1798.98 is added to the Civil Code, to read:
   1798.98.  Any local agency, as defined in subdivision (a) of
Section 6252 of the Government Code, in possession or control of
personal identifying information that is known, or reasonably
suspected, to have been the target of identity theft, shall notify
the person who is the subject of the personal identifying information
that an unauthorized access of that information has occurred, and
that the person may be the victim of identity theft.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.