California 2017 2017-2018 Regular Session

California Senate Bill SB1121 Introduced / Bill

Filed 02/13/2018

                    CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1121Introduced by Senator DoddFebruary 13, 2018 An act to amend Section 1798.80 of the Civil Code, relating to personal information. LEGISLATIVE COUNSEL'S DIGESTSB 1121, as introduced, Dodd. Personal information. Existing law requires a business to take all reasonable steps to dispose of customer records containing personal information and imposes other requirements on a business relating to the custody of records containing personal information. Existing law defines the terms business, records, and personal information for purposes of those provisions. Existing law provides for specified civil remedies for a violation of these provisions.This bill would revise the definition of business to include an entity that owns, licenses, collects, maintains, or possesses records. The bill would revise the definition of records to include material in electronic form, and would revise the definition of personal information to include IP address, Internet search history, Internet personal key or identifying number, and other online account activity.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1798.80 of the Civil Code is amended to read: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 owns, licenses, collects, maintains, possesses, or disposes of records.(b) Records means any material, regardless of the physical or electronic 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, IP address, passport number, drivers license or state identification card number, insurance policy number, education, employment, employment history, internet search history, Internet personal key or identifying number, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. information, or online account activity. Personal information does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1121Introduced by Senator DoddFebruary 13, 2018 An act to amend Section 1798.80 of the Civil Code, relating to personal information. LEGISLATIVE COUNSEL'S DIGESTSB 1121, as introduced, Dodd. Personal information. Existing law requires a business to take all reasonable steps to dispose of customer records containing personal information and imposes other requirements on a business relating to the custody of records containing personal information. Existing law defines the terms business, records, and personal information for purposes of those provisions. Existing law provides for specified civil remedies for a violation of these provisions.This bill would revise the definition of business to include an entity that owns, licenses, collects, maintains, or possesses records. The bill would revise the definition of records to include material in electronic form, and would revise the definition of personal information to include IP address, Internet search history, Internet personal key or identifying number, and other online account activity.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 





 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Senate Bill No. 1121

Introduced by Senator DoddFebruary 13, 2018

Introduced by Senator Dodd
February 13, 2018

 An act to amend Section 1798.80 of the Civil Code, relating to personal information. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 1121, as introduced, Dodd. Personal information. 

Existing law requires a business to take all reasonable steps to dispose of customer records containing personal information and imposes other requirements on a business relating to the custody of records containing personal information. Existing law defines the terms business, records, and personal information for purposes of those provisions. Existing law provides for specified civil remedies for a violation of these provisions.This bill would revise the definition of business to include an entity that owns, licenses, collects, maintains, or possesses records. The bill would revise the definition of records to include material in electronic form, and would revise the definition of personal information to include IP address, Internet search history, Internet personal key or identifying number, and other online account activity.

Existing law requires a business to take all reasonable steps to dispose of customer records containing personal information and imposes other requirements on a business relating to the custody of records containing personal information. Existing law defines the terms business, records, and personal information for purposes of those provisions. Existing law provides for specified civil remedies for a violation of these provisions.

This bill would revise the definition of business to include an entity that owns, licenses, collects, maintains, or possesses records. The bill would revise the definition of records to include material in electronic form, and would revise the definition of personal information to include IP address, Internet search history, Internet personal key or identifying number, and other online account activity.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 1798.80 of the Civil Code is amended to read: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 owns, licenses, collects, maintains, possesses, or disposes of records.(b) Records means any material, regardless of the physical or electronic 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, IP address, passport number, drivers license or state identification card number, insurance policy number, education, employment, employment history, internet search history, Internet personal key or identifying number, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. information, or online account activity. Personal information does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.

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

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

SECTION 1. Section 1798.80 of the Civil Code is amended to read: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 owns, licenses, collects, maintains, possesses, or disposes of records.(b) Records means any material, regardless of the physical or electronic 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, IP address, passport number, drivers license or state identification card number, insurance policy number, education, employment, employment history, internet search history, Internet personal key or identifying number, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. information, or online account activity. Personal information does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.

SECTION 1. Section 1798.80 of the Civil Code is amended to read:

### SECTION 1.

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 owns, licenses, collects, maintains, possesses, or disposes of records.(b) Records means any material, regardless of the physical or electronic 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, IP address, passport number, drivers license or state identification card number, insurance policy number, education, employment, employment history, internet search history, Internet personal key or identifying number, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. information, or online account activity. Personal information does not include publicly available information that is lawfully made available to the general public from federal, state, or local government 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 owns, licenses, collects, maintains, possesses, or disposes of records.(b) Records means any material, regardless of the physical or electronic 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, IP address, passport number, drivers license or state identification card number, insurance policy number, education, employment, employment history, internet search history, Internet personal key or identifying number, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. information, or online account activity. Personal information does not include publicly available information that is lawfully made available to the general public from federal, state, or local government 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 owns, licenses, collects, maintains, possesses, or disposes of records.(b) Records means any material, regardless of the physical or electronic 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, IP address, passport number, drivers license or state identification card number, insurance policy number, education, employment, employment history, internet search history, Internet personal key or identifying number, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. information, or online account activity. Personal information does not include publicly available information that is lawfully made available to the general public from federal, state, or local government 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 owns, licenses, collects, maintains, possesses, or disposes of records.

(b) Records means any material, regardless of the physical or electronic 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, IP address, passport number, drivers license or state identification card number, insurance policy number, education, employment, employment history, internet search history, Internet personal key or identifying number, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. information, or online account activity. Personal information does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.