BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 179
                                                                  Page  1

          Date of Hearing:   May 8, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                  AB 179 (Bocanegra) - As Amended:  April 24, 2013 

          Policy Committee:                               
          TransportationVote:16-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill expands the privacy protections currently afforded to  
          electronic toll collection subscribers to also include users of  
          electronic transit fare collection systems, as defined. These  
           existing  protections include:

          1)Requiring the transportation agencies to establish a privacy  
            policy, as specified, provide this policy to subscribers, and  
            post the policy on the agencies' websites.

          2)Authorizing the agencies to store only personally identifiable  
            information on subscribers as needed to perform accounting  
            functions and enforcement activities, and requiring all other  
            personal account information to be discarded within 4.5 years  
            after the closure of a billing cycle.

          3)Requiring the agencies to take every effort to purge personal  
            account information after an account is closed or terminated,  
            and in no case to maintain such information more than 4.5  
            years after termination.


          4)Authorizing a person whose personally identifiable information  
            has been sold or provided in violation of the above to bring  
            an action to recover the greater of actual damages or $2,500  
            for each individual violation ($4,000 for three or such  
            incidents) plus reasonable costs and attorney's fees.


           FISCAL EFFECT  









                                                                  AB 179
                                                                  Page  2

          Any additional costs to local transit agencies will not be  
          state-reimbursable, because the agencies have existing authority  
          to recover their costs through administrative fees.

           COMMENTS  

           Background and Purpose  . SB 1268 (Simitian)/Chapter 564 of 2003,  
          imposed the protections described above on electronic toll  
          collection systems. This bill is intended to also protect the  
          privacy of public transportation patrons who use an electronic  
          transit pass by limiting the use of personal information that is  
          collected every time the pass is swiped, or tapped. The bill's  
          introduction follows media accounts of privacy concerns related  
          to these systems. The bill is supported by the American Civil  
          Liberties Union and the Privacy Rights Clearinghouse.
           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081