BILL ANALYSIS �
AB 928
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 928 (Olsen)
As Amended June 16, 2014
Majority vote
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|ASSEMBLY: | |(May 29, 2013) |SENATE: |36-0 |(August 7, |
| | | | | |2014) |
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(vote not relevant)
Original Committee Reference: ED.
SUMMARY : Requires each state department and state agency to
conspicuously post its privacy policy on its Internet Web site.
The Senate amendments delete the Assembly version of this bill,
and instead:
1)Require each state department and state agency to
conspicuously post its privacy policy on its Internet Web
site.
2)Specify that the term "conspicuously post" shall include
posting the privacy policy through any of the following means:
a) An Internet Web page on which the actual privacy policy
is posted if the Internet Web page is the homepage or first
significant page after entering the Internet Web site;
b) An icon that hyperlinks to an Internet Web page on which
the actual privacy policy is posted, if the icon is located
on the homepage or the first significant page after
entering the Internet Web site, and if the icon contains
the word "privacy." The icon shall also use a color that
contrasts with the background color of the Internet Web
page or is otherwise distinguishable;
c) A text link that hyperlinks to an Internet Web page on
which the actual privacy policy is posted, as specified
EXISTING LAW :
1)Establishes, under the California Information Practices Act of
1977 (Act), standards for state agency collection, retention,
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protection, and disclosure of records containing personal
information relating to individuals.
2)Requires each state department and state agency to enact and
maintain a permanent privacy policy, in adherence with the
Act, which includes, but is not limited to, the following
principles:
a) Personally identifiable information is only obtained
through lawful means.
b) The purposes for which personally identifiable data are
collected are specified at or prior to the time of
collection, and any subsequent use is limited to the
fulfillment of purposes not inconsistent with those
purposes previously specified.
c) Personal data shall not be disclosed, made available, or
otherwise used for purposes other than those specified,
except with the consent or as otherwise expressly exempted.
d) Personal data collected must be relevant to the purpose
for which it is collected.
e) The general means by which personal data is protected
against loss, unauthorized access, use modification or
disclosure shall be posted, unless that disclosure of
general means would compromise legitimate state department
or state agency objectives or law enforcement purposes.
f) Each state department or state agency shall designate a
position within the department or agency, the duties of
which shall include, but not be limited to, responsibility
for the privacy policy within that department or agency.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : Enacted in 1977, the Act expressed legislative
concern that the "indiscriminate collection, maintenance, and
dissemination of personal information" by state agencies posed a
threat to individual privacy, and that the "increasing use of
computers and other sophisticated information technology has
greatly magnified the potential risk to personal privacy that
can occur from the maintenance of personal information." At the
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risk of stating the obvious, since 1977 the "sophisticated
information technology" has become exponentially more
sophisticated and the corresponding threat to individual privacy
more "magnified."
Although private entities also collect, maintain, and disclose a
vast amount of personal information, the Act only applies to
state entities. The Act establishes principles and set minimum
standards relating to the collection, retention, and disclosure
of personal information pertaining to individuals by any state
departments or agencies. As a general rule, no state agency may
disclose and personal information in a manner that would link
the information disclosed to the individual to whom it pertains,
unless the individual consents to the disclosure or if the
disclosure falls under one of several exemptions to the general
rule. Those principles include limiting collection only to
those items of personal information necessary for the agency to
carry out its duties, and retaining that information for only as
long as is necessary. A 1999 amendment to the Government Code
required each state agency to enact and maintain a permanent
privacy policy that conformed to the standards and principles of
the Act.
This bill would require state departments and state agencies to
conspicuously post their privacy policies on their Internet Web
sites, which apparently many if not most state agencies already
do. Those agencies that do not already post these policies
online will be required to do so under this bill.
Analysis Prepared by : Thomas Clark / JUD. / (916) 319-2334
FN: 0004198