Amended in Assembly May 1, 2014

Amended in Assembly April 22, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2147

Introduced by Assembly Member Melendez

February 20, 2014

An act to add Section 8310.9 to the Government Code, relating to state information practices.

LEGISLATIVE COUNSEL’S DIGEST

AB 2147, as amended, Melendez. State government begin insert Internet end insert Web sites: information practices.

Existing law prescribes the procedures for state agencies to follow in the collection, maintenance, and dissemination of personal information, as defined, in order to protect the privacy of individuals. Existing law prohibits an agency from disclosing personal information in a manner that would link the information disclosed to the individual to whom it pertains, with specified exceptions.

This bill would require a state begin delete entity, end delete begin insert agency, end insert as defined, that uses an Internet Web site to obtain information by means of an electronic form begin insert and shares that information with another state agency or private party end insert to include a specified disclosure notice clearly displayed in direct proximity above the button used to submit the form. The disclosure would acknowledge that the information is being collected and may be shared. The bill would also prohibit a state begin delete entity end delete begin insert agency end insert using an electronic form, as described above, to utilize or share any information provided begin insert on the form end insert until the person entering information into the form specifically acts to submit the form.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 8310.9 is added to the Government Code,
to read:

8310.9.  

(a) For purposes of this section, begin delete “state entity” means
any agency, department, bureau, board, or commission of any kind. end delete
begin insert “state agency” includes every state office, officer, department,
division, bureau, board, and commission, including the California
State University. end insert

(b) A state begin delete entity end delete begin insert agency end insert that uses an Internet Web site to obtain
information by means of an electronic form begin insert and shares that
information with another state agency or private party end insert shall include
the following disclosure notice clearly displayed in a minimum of
12-point boldface type, in direct proximity above the button used
to submit the form:

By submitting this form, I acknowledge that this information is
being collected by the state and may be shared with another state
agency or a private party in accordance with Section 1798.24 of
the Civil Code and the Information Practices Act of 1977 generally.

(c) A state begin delete entity end delete begin insert agency end insert that uses an Internet Web site to obtain
information by means of an electronic form shall not utilize or
share any information provided begin insert on the form end insert until the person
entering information into the form specifically acts to submit the
form. Information in partially completed forms that have not been
formally submitted shall not be utilized or otherwise shared.