| Old | New | Differences | |
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| 1 | - | Amended IN Assembly May | |
| 1 | + | Amended IN Assembly May 04, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3116Introduced by Assembly Members Irwin and WicksFebruary 21, 2020An act to amend Section 1798.77 of the Civil Code, relating to personal information. An act to add Chapter 2 (commencing with Section 1798.78.1) to Title 1.8 of Part 4 of Division 3 of the Civil Code, relating to privacy.LEGISLATIVE COUNSEL'S DIGESTAB 3116, as amended, Irwin. The Information Practices Act of 1977. Mobility devices: personal information.Existing law, the California Consumer Privacy Act of 2018, grants a consumer various rights with respect to personal information, as defined, that is collected or sold by a business, as defined, including the right to opt out of the sale of a consumers personal information.Existing law, the Electronic Communications Privacy Act, generally prohibits a government entity from compelling the production of or access to electronic communication information or electronic device information, as defined, without a search warrant, wiretap order, order for electronic reader records, subpoena, or order for a pen register or trap and trace device, except for emergency situations, as defined.This bill would authorize a public agency, defined as a state or local public entity that issues a permit to an operator for mobility services or that otherwise regulates an operator, to require an operator to periodically submit to the public agency anonymized trip data and the operators mobility devices operating in the geographic area under the public agencys jurisdiction and provide specified notice of that requirement to the operator. The bill would authorize a public agency to share anonymized trip data with a contractor, agent, or other public agency only if specified conditions are met, including that the purpose of the sharing is to assist the public agency in the promotion and protection of transportation planning, integration of mobility options, and road safety. The bill would prohibit a public agency from sharing trip data with a contractor or agent.Existing law, the Information Practices Act of 1977, prescribes a set of requirements, prohibitions, and remedies applicable to public agencies, as defined, with regard to their collection, storage, and disclosure of personal information. The act requires each agency to ensure that no record containing personal information is modified, transferred, or destroyed in order to avoid compliance with the act.This bill would make nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 2 (commencing with Section 1798.78.1) is added to Title 1.8 of Part 4 of Division 3 of the Civil Code, to read: CHAPTER 2. Personal Information of Users of Mobility Devices1798.78.1. As used in this chapter:(a) Aggregated means that the data reflects average information, including trip length, trip duration, approximate trip, and location of no less than five separate trips by no less than five separate users.(b) Anonymized trip data means data pertaining to a trip taken by a user that has been aggregated and deidentified.(c) (1) Deidentified means information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular user or trip.(2) Information shall not be deemed to be deidentified if it is provided to a recipient that does not meet all of the following criteria:(A) The recipient has implemented technical safeguards that prohibit reidentification of the user or trip to which the information pertains.(B) The recipient has implemented processes that specifically prohibit reidentification of the information.(C) The recipient has implemented processes to prevent unauthorized access, inadvertent release, or public disclosure of deidentified information.(D) The recipient does not attempt to reidentify the information.(d) (1) Mobility device means any transportation device or vehicle, including, but not limited to, a bicycle, electric bicycle, dockless bicycle, electric scooter, vehicle utilized on the online-enabled application or platform of a transportation network company, as defined by Section 5431 of the Public Utilities Code, autonomous vehicle, and any other device or vehicle by which a person can be propelled, moved, or drawn that is displayed, offered, or placed for rent in any public area or public right-of-way.(2) A mobility device does not include a device made available to the public by a public agency, including through contractors or agents of that public agency.(e) Operational data means data, that is neither trip data nor anonymized trip data, pertaining to the location of a stationary mobility device owned or controlled by the operator that is not engaged by users or on a trip.(f) Operator means a person or entity that makes mobility devices generally available to the public, including through an online-enabled technology application service, website, or system.(g) Public agency means a state or local public entity that issues a permit to an operator for mobility services or that otherwise regulates an operator.(h) Trip data means data, that is not anonymized trip data, pertaining to a trip taken by a user, including, but not limited to, GPS data, an address, time or date stamp, and route data that have not been aggregated and deidentified.(i) User means a rider of a mobility device or accountholder of an operator.1798.78.2. (a) Notwithstanding any other law, a public agency may require an operator to periodically submit to the public agency anonymized trip data regarding the operators mobility devices operating in the geographic area under the public agencys jurisdiction.(b) If a requirement pursuant to subdivision (a) exists, the public agency shall give the operator reasonable notice of that requirement and sufficient time to aggregate and deidentify any anonymized trip data to be submitted.1798.78.3. (a) A public agency may share anonymized trip data with a contractor, agent, or other public agency only if all of the following are true:(1) The purpose of the sharing is to assist the public agency in the promotion and protection of transportation planning, integration of mobility options, and road safety, including the safety of riders, operators, pedestrians, and motorists.(2) A trip included in the data that is being submitted has not ended within the previous 24 hours.(3) Any recipient of the anonymized trip data is expressly prohibited by contract from using or disclosing the anonymized trip data for any commercial purpose.(b) A public agency shall not share trip data with a contractor or agent.1798.78.4. (a) Trip data is personal information, as defined in Section 1798.140.(b) Trip data is electronic device information, as defined in Section 1546 of the Penal Code.SEC. 2. The addition by this act of Section 1798.78.4 to the Civil Code does not constitute a change in, but is declaratory of, existing law.SECTION 1.Section 1798.77 of the Civil Code is amended to read:1798.77.(a)Each agency shall ensure that no record containing personal information is modified, transferred, or destroyed in order to avoid compliance with this chapter. In the event that an agency fails to comply with this section, an individual may bring a civil action and seek the appropriate remedies and damages in accordance with the provisions of Article 9 (commencing with Section 1798.45).(b)An agency shall not remove or destroy personal information about an individual who has requested access to the information before allowing the individual access to the record containing the information. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly May 04, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3116Introduced by Assembly Members Irwin and WicksFebruary 21, 2020An act to amend Section 1798.77 of the Civil Code, relating to personal information. An act to add Chapter 2 (commencing with Section 1798.78.1) to Title 1.8 of Part 4 of Division 3 of the Civil Code, relating to privacy.LEGISLATIVE COUNSEL'S DIGESTAB 3116, as amended, Irwin. The Information Practices Act of 1977. Mobility devices: personal information.Existing law, the California Consumer Privacy Act of 2018, grants a consumer various rights with respect to personal information, as defined, that is collected or sold by a business, as defined, including the right to opt out of the sale of a consumers personal information.Existing law, the Electronic Communications Privacy Act, generally prohibits a government entity from compelling the production of or access to electronic communication information or electronic device information, as defined, without a search warrant, wiretap order, order for electronic reader records, subpoena, or order for a pen register or trap and trace device, except for emergency situations, as defined.This bill would authorize a public agency, defined as a state or local public entity that issues a permit to an operator for mobility services or that otherwise regulates an operator, to require an operator to periodically submit to the public agency anonymized trip data and the operators mobility devices operating in the geographic area under the public agencys jurisdiction and provide specified notice of that requirement to the operator. The bill would authorize a public agency to share anonymized trip data with a contractor, agent, or other public agency only if specified conditions are met, including that the purpose of the sharing is to assist the public agency in the promotion and protection of transportation planning, integration of mobility options, and road safety. The bill would prohibit a public agency from sharing trip data with a contractor or agent.Existing law, the Information Practices Act of 1977, prescribes a set of requirements, prohibitions, and remedies applicable to public agencies, as defined, with regard to their collection, storage, and disclosure of personal information. The act requires each agency to ensure that no record containing personal information is modified, transferred, or destroyed in order to avoid compliance with the act.This bill would make nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly May 04, 2020 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly May 12, 2020 | |
| 8 | 7 | Amended IN Assembly May 04, 2020 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 3116 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Members Irwin and WicksFebruary 21, 2020 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Assembly Members Irwin and Wicks | |
| 19 | 18 | February 21, 2020 | |
| 20 | 19 | ||
| 21 | - | An act to add Chapter 2 (commencing with Section 1798.78.1) to Title 1.8 of Part 4 of Division 3 of the Civil Code, relating to privacy. | |
| 20 | + | An act to amend Section 1798.77 of the Civil Code, relating to personal information. An act to add Chapter 2 (commencing with Section 1798.78.1) to Title 1.8 of Part 4 of Division 3 of the Civil Code, relating to privacy. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | AB 3116, as amended, Irwin. Mobility devices: personal information. | |
| 26 | + | AB 3116, as amended, Irwin. The Information Practices Act of 1977. Mobility devices: personal information. | |
| 28 | 27 | ||
| 29 | - | Existing law, the California Consumer Privacy Act of 2018, grants a consumer various rights with respect to personal information, as defined, that is collected or sold by a business, as defined, including the right to opt out of the sale of a consumers personal information.Existing law, the Electronic Communications Privacy Act, generally prohibits a government entity from compelling the production of or access to electronic communication information or electronic device information, as defined, without a search warrant, wiretap order, order for electronic reader records, subpoena, or order for a pen register or trap and trace device, except for emergency situations, as defined | |
| 28 | + | Existing law, the California Consumer Privacy Act of 2018, grants a consumer various rights with respect to personal information, as defined, that is collected or sold by a business, as defined, including the right to opt out of the sale of a consumers personal information.Existing law, the Electronic Communications Privacy Act, generally prohibits a government entity from compelling the production of or access to electronic communication information or electronic device information, as defined, without a search warrant, wiretap order, order for electronic reader records, subpoena, or order for a pen register or trap and trace device, except for emergency situations, as defined.This bill would authorize a public agency, defined as a state or local public entity that issues a permit to an operator for mobility services or that otherwise regulates an operator, to require an operator to periodically submit to the public agency anonymized trip data and the operators mobility devices operating in the geographic area under the public agencys jurisdiction and provide specified notice of that requirement to the operator. The bill would authorize a public agency to share anonymized trip data with a contractor, agent, or other public agency only if specified conditions are met, including that the purpose of the sharing is to assist the public agency in the promotion and protection of transportation planning, integration of mobility options, and road safety. The bill would prohibit a public agency from sharing trip data with a contractor or agent.Existing law, the Information Practices Act of 1977, prescribes a set of requirements, prohibitions, and remedies applicable to public agencies, as defined, with regard to their collection, storage, and disclosure of personal information. The act requires each agency to ensure that no record containing personal information is modified, transferred, or destroyed in order to avoid compliance with the act.This bill would make nonsubstantive changes to that provision. | |
| 30 | 29 | ||
| 31 | 30 | Existing law, the California Consumer Privacy Act of 2018, grants a consumer various rights with respect to personal information, as defined, that is collected or sold by a business, as defined, including the right to opt out of the sale of a consumers personal information. | |
| 32 | 31 | ||
| 33 | - | Existing law, the Electronic Communications Privacy Act, generally prohibits a government entity from compelling the production of or access to electronic communication information or electronic device information, as defined, without a search warrant, wiretap order, order for electronic reader records, subpoena, or order for a pen register or trap and trace device, except for emergency situations, as defined. | |
| 32 | + | Existing law, the Electronic Communications Privacy Act, generally prohibits a government entity from compelling the production of or access to electronic communication information or electronic device information, as defined, without a search warrant, wiretap order, order for electronic reader records, subpoena, or order for a pen register or trap and trace device, except for emergency situations, as defined. | |
| 34 | 33 | ||
| 35 | 34 | This bill would authorize a public agency, defined as a state or local public entity that issues a permit to an operator for mobility services or that otherwise regulates an operator, to require an operator to periodically submit to the public agency anonymized trip data and the operators mobility devices operating in the geographic area under the public agencys jurisdiction and provide specified notice of that requirement to the operator. The bill would authorize a public agency to share anonymized trip data with a contractor, agent, or other public agency only if specified conditions are met, including that the purpose of the sharing is to assist the public agency in the promotion and protection of transportation planning, integration of mobility options, and road safety. The bill would prohibit a public agency from sharing trip data with a contractor or agent. | |
| 35 | + | ||
| 36 | + | Existing law, the Information Practices Act of 1977, prescribes a set of requirements, prohibitions, and remedies applicable to public agencies, as defined, with regard to their collection, storage, and disclosure of personal information. The act requires each agency to ensure that no record containing personal information is modified, transferred, or destroyed in order to avoid compliance with the act. | |
| 37 | + | ||
| 38 | + | ||
| 39 | + | ||
| 40 | + | This bill would make nonsubstantive changes to that provision. | |
| 41 | + | ||
| 42 | + | ||
| 36 | 43 | ||
| 37 | 44 | ## Digest Key | |
| 38 | 45 | ||
| 39 | 46 | ## Bill Text | |
| 40 | 47 | ||
| 41 | - | The people of the State of California do enact as follows:SECTION 1. Chapter 2 (commencing with Section 1798.78.1) is added to Title 1.8 of Part 4 of Division 3 of the Civil Code, to read: CHAPTER 2. Personal Information of Users of Mobility Devices1798.78.1. As used in this chapter:(a) Aggregated means that the data reflects average information, including trip length, trip duration, approximate trip, and location of no less than five separate trips by no less than five separate users.(b) Anonymized trip data means data pertaining to a trip taken by a user that has been aggregated and deidentified.(c) (1) Deidentified means information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular user or trip.(2) Information shall not be deemed to be deidentified if it is provided to a recipient that does not meet all of the following criteria:(A) The recipient has implemented technical safeguards that prohibit reidentification of the user or trip to which the information pertains.(B) The recipient has implemented processes that specifically prohibit reidentification of the information.(C) The recipient has implemented processes to prevent unauthorized access, inadvertent release, or public disclosure of deidentified information.(D) The recipient does not attempt to reidentify the information.(d) (1) Mobility device means any transportation device or vehicle, including, but not limited to, a bicycle, electric bicycle, dockless bicycle, electric scooter, vehicle utilized on the online-enabled application or platform of a transportation network company, as defined by Section 5431 of the Public Utilities Code, autonomous vehicle, and any other device or vehicle by which a person can be propelled, moved, or drawn that is displayed, offered, or placed for rent in any public area or public right-of-way.(2) A mobility device does not include a device made available to the public by a public agency, including through contractors or agents of that public agency.(e) Operational data means data, that is neither trip data nor anonymized trip data, pertaining to the location of a stationary mobility device owned or controlled by the operator that is not engaged by users or on a trip.(f) Operator means a person or entity that makes mobility devices generally available to the public, including through an online-enabled technology application service, website, or system.(g) Public agency means a state or local public entity that issues a permit to an operator for mobility services or that otherwise regulates an operator.(h) Trip data means data, that is not anonymized trip data, pertaining to a trip taken by a user, including, but not limited to, GPS data, an address, time or date stamp, and route data that have not been aggregated and deidentified.(i) User means a rider of a mobility device or accountholder of an operator.1798.78.2. (a) Notwithstanding any other law, a public agency may require an operator to periodically submit to the public agency anonymized trip data regarding the operators mobility devices operating in the geographic area under the public agencys jurisdiction.(b) If a requirement pursuant to subdivision (a) exists, the public agency shall give the operator reasonable notice of that requirement and sufficient time to aggregate and deidentify any anonymized trip data to be submitted.1798.78.3. (a) A public agency may share anonymized trip data with a contractor, agent, or other public agency only if all of the following are true:(1) The purpose of the sharing is to assist the public agency in the promotion and protection of transportation planning, integration of mobility options, and road safety, including the safety of riders, operators, pedestrians, and motorists.(2) A trip included in the data that is being submitted has not ended within the previous 24 hours.(3) Any recipient of the anonymized trip data is expressly prohibited by contract from using or disclosing the anonymized trip data for any commercial purpose.(b) A public agency shall not share trip data with a contractor or agent.1798.78.4. (a) Trip data is personal information, as defined in Section 1798.140.(b) Trip data is electronic device information, as defined in Section 1546 of the Penal Code. | |
| 48 | + | The people of the State of California do enact as follows:SECTION 1. Chapter 2 (commencing with Section 1798.78.1) is added to Title 1.8 of Part 4 of Division 3 of the Civil Code, to read: CHAPTER 2. Personal Information of Users of Mobility Devices1798.78.1. As used in this chapter:(a) Aggregated means that the data reflects average information, including trip length, trip duration, approximate trip, and location of no less than five separate trips by no less than five separate users.(b) Anonymized trip data means data pertaining to a trip taken by a user that has been aggregated and deidentified.(c) (1) Deidentified means information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular user or trip.(2) Information shall not be deemed to be deidentified if it is provided to a recipient that does not meet all of the following criteria:(A) The recipient has implemented technical safeguards that prohibit reidentification of the user or trip to which the information pertains.(B) The recipient has implemented processes that specifically prohibit reidentification of the information.(C) The recipient has implemented processes to prevent unauthorized access, inadvertent release, or public disclosure of deidentified information.(D) The recipient does not attempt to reidentify the information.(d) (1) Mobility device means any transportation device or vehicle, including, but not limited to, a bicycle, electric bicycle, dockless bicycle, electric scooter, vehicle utilized on the online-enabled application or platform of a transportation network company, as defined by Section 5431 of the Public Utilities Code, autonomous vehicle, and any other device or vehicle by which a person can be propelled, moved, or drawn that is displayed, offered, or placed for rent in any public area or public right-of-way.(2) A mobility device does not include a device made available to the public by a public agency, including through contractors or agents of that public agency.(e) Operational data means data, that is neither trip data nor anonymized trip data, pertaining to the location of a stationary mobility device owned or controlled by the operator that is not engaged by users or on a trip.(f) Operator means a person or entity that makes mobility devices generally available to the public, including through an online-enabled technology application service, website, or system.(g) Public agency means a state or local public entity that issues a permit to an operator for mobility services or that otherwise regulates an operator.(h) Trip data means data, that is not anonymized trip data, pertaining to a trip taken by a user, including, but not limited to, GPS data, an address, time or date stamp, and route data that have not been aggregated and deidentified.(i) User means a rider of a mobility device or accountholder of an operator.1798.78.2. (a) Notwithstanding any other law, a public agency may require an operator to periodically submit to the public agency anonymized trip data regarding the operators mobility devices operating in the geographic area under the public agencys jurisdiction.(b) If a requirement pursuant to subdivision (a) exists, the public agency shall give the operator reasonable notice of that requirement and sufficient time to aggregate and deidentify any anonymized trip data to be submitted.1798.78.3. (a) A public agency may share anonymized trip data with a contractor, agent, or other public agency only if all of the following are true:(1) The purpose of the sharing is to assist the public agency in the promotion and protection of transportation planning, integration of mobility options, and road safety, including the safety of riders, operators, pedestrians, and motorists.(2) A trip included in the data that is being submitted has not ended within the previous 24 hours.(3) Any recipient of the anonymized trip data is expressly prohibited by contract from using or disclosing the anonymized trip data for any commercial purpose.(b) A public agency shall not share trip data with a contractor or agent.1798.78.4. (a) Trip data is personal information, as defined in Section 1798.140.(b) Trip data is electronic device information, as defined in Section 1546 of the Penal Code.SEC. 2. The addition by this act of Section 1798.78.4 to the Civil Code does not constitute a change in, but is declaratory of, existing law.SECTION 1.Section 1798.77 of the Civil Code is amended to read:1798.77.(a)Each agency shall ensure that no record containing personal information is modified, transferred, or destroyed in order to avoid compliance with this chapter. In the event that an agency fails to comply with this section, an individual may bring a civil action and seek the appropriate remedies and damages in accordance with the provisions of Article 9 (commencing with Section 1798.45).(b)An agency shall not remove or destroy personal information about an individual who has requested access to the information before allowing the individual access to the record containing the information. | |
| 42 | 49 | ||
| 43 | 50 | The people of the State of California do enact as follows: | |
| 44 | 51 | ||
| 45 | 52 | ## The people of the State of California do enact as follows: | |
| 46 | 53 | ||
| 47 | - | SECTION 1. Chapter 2 (commencing with Section 1798.78.1) is added to Title 1.8 of Part 4 of Division 3 of the Civil Code, to read: CHAPTER 2. Personal Information of Users of Mobility Devices1798.78.1. As used in this chapter:(a) Aggregated means that the data reflects average information, including trip length, trip duration, approximate trip, and location of no less than five separate trips by no less than five separate users.(b) Anonymized trip data means data pertaining to a trip taken by a user that has been aggregated and deidentified.(c) (1) Deidentified means information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular user or trip.(2) Information shall not be deemed to be deidentified if it is provided to a recipient that does not meet all of the following criteria:(A) The recipient has implemented technical safeguards that prohibit reidentification of the user or trip to which the information pertains.(B) The recipient has implemented processes that specifically prohibit reidentification of the information.(C) The recipient has implemented processes to prevent unauthorized access, inadvertent release, or public disclosure of deidentified information.(D) The recipient does not attempt to reidentify the information.(d) (1) Mobility device means any transportation device or vehicle, including, but not limited to, a bicycle, electric bicycle, dockless bicycle, electric scooter, vehicle utilized on the online-enabled application or platform of a transportation network company, as defined by Section 5431 of the Public Utilities Code, autonomous vehicle, and any other device or vehicle by which a person can be propelled, moved, or drawn that is displayed, offered, or placed for rent in any public area or public right-of-way.(2) A mobility device does not include a device made available to the public by a public agency, including through contractors or agents of that public agency.(e) Operational data means data, that is neither trip data nor anonymized trip data, pertaining to the location of a stationary mobility device owned or controlled by the operator that is not engaged by users or on a trip.(f) Operator means a person or entity that makes mobility devices generally available to the public, including through an online-enabled technology application service, website, or system.(g) Public agency means a state or local public entity that issues a permit to an operator for mobility services or that otherwise regulates an operator.(h) Trip data means data, that is not anonymized trip data, pertaining to a trip taken by a user, including, but not limited to, GPS data, an address, time or date stamp, and route data that have not been aggregated and deidentified.(i) User means a rider of a mobility device or accountholder of an operator.1798.78.2. (a) Notwithstanding any other law, a public agency may require an operator to periodically submit to the public agency anonymized trip data regarding the operators mobility devices operating in the geographic area under the public agencys jurisdiction.(b) If a requirement pursuant to subdivision (a) exists, the public agency shall give the operator reasonable notice of that requirement and sufficient time to aggregate and deidentify any anonymized trip data to be submitted.1798.78.3. (a) A public agency may share anonymized trip data with a contractor, agent, or other public agency only if all of the following are true:(1) The purpose of the sharing is to assist the public agency in the promotion and protection of transportation planning, integration of mobility options, and road safety, including the safety of riders, operators, pedestrians, and motorists.(2) A trip included in the data that is being submitted has not ended within the previous 24 hours.(3) Any recipient of the anonymized trip data is expressly prohibited by contract from using or disclosing the anonymized trip data for any commercial purpose.(b) A public agency shall not share trip data with a contractor or agent.1798.78.4. (a) Trip data is personal information, as defined in Section 1798.140.(b) Trip data is electronic device information, as defined in Section 1546 of the Penal Code. | |
| 54 | + | SECTION 1. Chapter 2 (commencing with Section 1798.78.1) is added to Title 1.8 of Part 4 of Division 3 of the Civil Code, to read: CHAPTER 2. Personal Information of Users of Mobility Devices1798.78.1. As used in this chapter:(a) Aggregated means that the data reflects average information, including trip length, trip duration, approximate trip, and location of no less than five separate trips by no less than five separate users.(b) Anonymized trip data means data pertaining to a trip taken by a user that has been aggregated and deidentified.(c) (1) Deidentified means information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular user or trip.(2) Information shall not be deemed to be deidentified if it is provided to a recipient that does not meet all of the following criteria:(A) The recipient has implemented technical safeguards that prohibit reidentification of the user or trip to which the information pertains.(B) The recipient has implemented processes that specifically prohibit reidentification of the information.(C) The recipient has implemented processes to prevent unauthorized access, inadvertent release, or public disclosure of deidentified information.(D) The recipient does not attempt to reidentify the information.(d) (1) Mobility device means any transportation device or vehicle, including, but not limited to, a bicycle, electric bicycle, dockless bicycle, electric scooter, vehicle utilized on the online-enabled application or platform of a transportation network company, as defined by Section 5431 of the Public Utilities Code, autonomous vehicle, and any other device or vehicle by which a person can be propelled, moved, or drawn that is displayed, offered, or placed for rent in any public area or public right-of-way.(2) A mobility device does not include a device made available to the public by a public agency, including through contractors or agents of that public agency.(e) Operational data means data, that is neither trip data nor anonymized trip data, pertaining to the location of a stationary mobility device owned or controlled by the operator that is not engaged by users or on a trip.(f) Operator means a person or entity that makes mobility devices generally available to the public, including through an online-enabled technology application service, website, or system.(g) Public agency means a state or local public entity that issues a permit to an operator for mobility services or that otherwise regulates an operator.(h) Trip data means data, that is not anonymized trip data, pertaining to a trip taken by a user, including, but not limited to, GPS data, an address, time or date stamp, and route data that have not been aggregated and deidentified.(i) User means a rider of a mobility device or accountholder of an operator.1798.78.2. (a) Notwithstanding any other law, a public agency may require an operator to periodically submit to the public agency anonymized trip data regarding the operators mobility devices operating in the geographic area under the public agencys jurisdiction.(b) If a requirement pursuant to subdivision (a) exists, the public agency shall give the operator reasonable notice of that requirement and sufficient time to aggregate and deidentify any anonymized trip data to be submitted.1798.78.3. (a) A public agency may share anonymized trip data with a contractor, agent, or other public agency only if all of the following are true:(1) The purpose of the sharing is to assist the public agency in the promotion and protection of transportation planning, integration of mobility options, and road safety, including the safety of riders, operators, pedestrians, and motorists.(2) A trip included in the data that is being submitted has not ended within the previous 24 hours.(3) Any recipient of the anonymized trip data is expressly prohibited by contract from using or disclosing the anonymized trip data for any commercial purpose.(b) A public agency shall not share trip data with a contractor or agent.1798.78.4. (a) Trip data is personal information, as defined in Section 1798.140.(b) Trip data is electronic device information, as defined in Section 1546 of the Penal Code. | |
| 48 | 55 | ||
| 49 | 56 | SECTION 1. Chapter 2 (commencing with Section 1798.78.1) is added to Title 1.8 of Part 4 of Division 3 of the Civil Code, to read: | |
| 50 | 57 | ||
| 51 | 58 | ### SECTION 1. | |
| 52 | 59 | ||
| 53 | - | CHAPTER 2. Personal Information of Users of Mobility Devices1798.78.1. As used in this chapter:(a) Aggregated means that the data reflects average information, including trip length, trip duration, approximate trip, and location of no less than five separate trips by no less than five separate users.(b) Anonymized trip data means data pertaining to a trip taken by a user that has been aggregated and deidentified.(c) (1) Deidentified means information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular user or trip.(2) Information shall not be deemed to be deidentified if it is provided to a recipient that does not meet all of the following criteria:(A) The recipient has implemented technical safeguards that prohibit reidentification of the user or trip to which the information pertains.(B) The recipient has implemented processes that specifically prohibit reidentification of the information.(C) The recipient has implemented processes to prevent unauthorized access, inadvertent release, or public disclosure of deidentified information.(D) The recipient does not attempt to reidentify the information.(d) (1) Mobility device means any transportation device or vehicle, including, but not limited to, a bicycle, electric bicycle, dockless bicycle, electric scooter, vehicle utilized on the online-enabled application or platform of a transportation network company, as defined by Section 5431 of the Public Utilities Code, autonomous vehicle, and any other device or vehicle by which a person can be propelled, moved, or drawn that is displayed, offered, or placed for rent in any public area or public right-of-way.(2) A mobility device does not include a device made available to the public by a public agency, including through contractors or agents of that public agency.(e) Operational data means data, that is neither trip data nor anonymized trip data, pertaining to the location of a stationary mobility device owned or controlled by the operator that is not engaged by users or on a trip.(f) Operator means a person or entity that makes mobility devices generally available to the public, including through an online-enabled technology application service, website, or system.(g) Public agency means a state or local public entity that issues a permit to an operator for mobility services or that otherwise regulates an operator.(h) Trip data means data, that is not anonymized trip data, pertaining to a trip taken by a user, including, but not limited to, GPS data, an address, time or date stamp, and route data that have not been aggregated and deidentified.(i) User means a rider of a mobility device or accountholder of an operator.1798.78.2. (a) Notwithstanding any other law, a public agency may require an operator to periodically submit to the public agency anonymized trip data regarding the operators mobility devices operating in the geographic area under the public agencys jurisdiction.(b) If a requirement pursuant to subdivision (a) exists, the public agency shall give the operator reasonable notice of that requirement and sufficient time to aggregate and deidentify any anonymized trip data to be submitted.1798.78.3. (a) A public agency may share anonymized trip data with a contractor, agent, or other public agency only if all of the following are true:(1) The purpose of the sharing is to assist the public agency in the promotion and protection of transportation planning, integration of mobility options, and road safety, including the safety of riders, operators, pedestrians, and motorists.(2) A trip included in the data that is being submitted has not ended within the previous 24 hours.(3) Any recipient of the anonymized trip data is expressly prohibited by contract from using or disclosing the anonymized trip data for any commercial purpose.(b) A public agency shall not share trip data with a contractor or agent.1798.78.4. (a) Trip data is personal information, as defined in Section 1798.140.(b) Trip data is electronic device information, as defined in Section 1546 of the Penal Code. | |
| 60 | + | CHAPTER 2. Personal Information of Users of Mobility Devices1798.78.1. As used in this chapter:(a) Aggregated means that the data reflects average information, including trip length, trip duration, approximate trip, and location of no less than five separate trips by no less than five separate users.(b) Anonymized trip data means data pertaining to a trip taken by a user that has been aggregated and deidentified.(c) (1) Deidentified means information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular user or trip.(2) Information shall not be deemed to be deidentified if it is provided to a recipient that does not meet all of the following criteria:(A) The recipient has implemented technical safeguards that prohibit reidentification of the user or trip to which the information pertains.(B) The recipient has implemented processes that specifically prohibit reidentification of the information.(C) The recipient has implemented processes to prevent unauthorized access, inadvertent release, or public disclosure of deidentified information.(D) The recipient does not attempt to reidentify the information.(d) (1) Mobility device means any transportation device or vehicle, including, but not limited to, a bicycle, electric bicycle, dockless bicycle, electric scooter, vehicle utilized on the online-enabled application or platform of a transportation network company, as defined by Section 5431 of the Public Utilities Code, autonomous vehicle, and any other device or vehicle by which a person can be propelled, moved, or drawn that is displayed, offered, or placed for rent in any public area or public right-of-way.(2) A mobility device does not include a device made available to the public by a public agency, including through contractors or agents of that public agency.(e) Operational data means data, that is neither trip data nor anonymized trip data, pertaining to the location of a stationary mobility device owned or controlled by the operator that is not engaged by users or on a trip.(f) Operator means a person or entity that makes mobility devices generally available to the public, including through an online-enabled technology application service, website, or system.(g) Public agency means a state or local public entity that issues a permit to an operator for mobility services or that otherwise regulates an operator.(h) Trip data means data, that is not anonymized trip data, pertaining to a trip taken by a user, including, but not limited to, GPS data, an address, time or date stamp, and route data that have not been aggregated and deidentified.(i) User means a rider of a mobility device or accountholder of an operator.1798.78.2. (a) Notwithstanding any other law, a public agency may require an operator to periodically submit to the public agency anonymized trip data regarding the operators mobility devices operating in the geographic area under the public agencys jurisdiction.(b) If a requirement pursuant to subdivision (a) exists, the public agency shall give the operator reasonable notice of that requirement and sufficient time to aggregate and deidentify any anonymized trip data to be submitted.1798.78.3. (a) A public agency may share anonymized trip data with a contractor, agent, or other public agency only if all of the following are true:(1) The purpose of the sharing is to assist the public agency in the promotion and protection of transportation planning, integration of mobility options, and road safety, including the safety of riders, operators, pedestrians, and motorists.(2) A trip included in the data that is being submitted has not ended within the previous 24 hours.(3) Any recipient of the anonymized trip data is expressly prohibited by contract from using or disclosing the anonymized trip data for any commercial purpose.(b) A public agency shall not share trip data with a contractor or agent.1798.78.4. (a) Trip data is personal information, as defined in Section 1798.140.(b) Trip data is electronic device information, as defined in Section 1546 of the Penal Code. | |
| 54 | 61 | ||
| 55 | - | CHAPTER 2. Personal Information of Users of Mobility Devices1798.78.1. As used in this chapter:(a) Aggregated means that the data reflects average information, including trip length, trip duration, approximate trip, and location of no less than five separate trips by no less than five separate users.(b) Anonymized trip data means data pertaining to a trip taken by a user that has been aggregated and deidentified.(c) (1) Deidentified means information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular user or trip.(2) Information shall not be deemed to be deidentified if it is provided to a recipient that does not meet all of the following criteria:(A) The recipient has implemented technical safeguards that prohibit reidentification of the user or trip to which the information pertains.(B) The recipient has implemented processes that specifically prohibit reidentification of the information.(C) The recipient has implemented processes to prevent unauthorized access, inadvertent release, or public disclosure of deidentified information.(D) The recipient does not attempt to reidentify the information.(d) (1) Mobility device means any transportation device or vehicle, including, but not limited to, a bicycle, electric bicycle, dockless bicycle, electric scooter, vehicle utilized on the online-enabled application or platform of a transportation network company, as defined by Section 5431 of the Public Utilities Code, autonomous vehicle, and any other device or vehicle by which a person can be propelled, moved, or drawn that is displayed, offered, or placed for rent in any public area or public right-of-way.(2) A mobility device does not include a device made available to the public by a public agency, including through contractors or agents of that public agency.(e) Operational data means data, that is neither trip data nor anonymized trip data, pertaining to the location of a stationary mobility device owned or controlled by the operator that is not engaged by users or on a trip.(f) Operator means a person or entity that makes mobility devices generally available to the public, including through an online-enabled technology application service, website, or system.(g) Public agency means a state or local public entity that issues a permit to an operator for mobility services or that otherwise regulates an operator.(h) Trip data means data, that is not anonymized trip data, pertaining to a trip taken by a user, including, but not limited to, GPS data, an address, time or date stamp, and route data that have not been aggregated and deidentified.(i) User means a rider of a mobility device or accountholder of an operator.1798.78.2. (a) Notwithstanding any other law, a public agency may require an operator to periodically submit to the public agency anonymized trip data regarding the operators mobility devices operating in the geographic area under the public agencys jurisdiction.(b) If a requirement pursuant to subdivision (a) exists, the public agency shall give the operator reasonable notice of that requirement and sufficient time to aggregate and deidentify any anonymized trip data to be submitted.1798.78.3. (a) A public agency may share anonymized trip data with a contractor, agent, or other public agency only if all of the following are true:(1) The purpose of the sharing is to assist the public agency in the promotion and protection of transportation planning, integration of mobility options, and road safety, including the safety of riders, operators, pedestrians, and motorists.(2) A trip included in the data that is being submitted has not ended within the previous 24 hours.(3) Any recipient of the anonymized trip data is expressly prohibited by contract from using or disclosing the anonymized trip data for any commercial purpose.(b) A public agency shall not share trip data with a contractor or agent.1798.78.4. (a) Trip data is personal information, as defined in Section 1798.140.(b) Trip data is electronic device information, as defined in Section 1546 of the Penal Code. | |
| 62 | + | CHAPTER 2. Personal Information of Users of Mobility Devices1798.78.1. As used in this chapter:(a) Aggregated means that the data reflects average information, including trip length, trip duration, approximate trip, and location of no less than five separate trips by no less than five separate users.(b) Anonymized trip data means data pertaining to a trip taken by a user that has been aggregated and deidentified.(c) (1) Deidentified means information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular user or trip.(2) Information shall not be deemed to be deidentified if it is provided to a recipient that does not meet all of the following criteria:(A) The recipient has implemented technical safeguards that prohibit reidentification of the user or trip to which the information pertains.(B) The recipient has implemented processes that specifically prohibit reidentification of the information.(C) The recipient has implemented processes to prevent unauthorized access, inadvertent release, or public disclosure of deidentified information.(D) The recipient does not attempt to reidentify the information.(d) (1) Mobility device means any transportation device or vehicle, including, but not limited to, a bicycle, electric bicycle, dockless bicycle, electric scooter, vehicle utilized on the online-enabled application or platform of a transportation network company, as defined by Section 5431 of the Public Utilities Code, autonomous vehicle, and any other device or vehicle by which a person can be propelled, moved, or drawn that is displayed, offered, or placed for rent in any public area or public right-of-way.(2) A mobility device does not include a device made available to the public by a public agency, including through contractors or agents of that public agency.(e) Operational data means data, that is neither trip data nor anonymized trip data, pertaining to the location of a stationary mobility device owned or controlled by the operator that is not engaged by users or on a trip.(f) Operator means a person or entity that makes mobility devices generally available to the public, including through an online-enabled technology application service, website, or system.(g) Public agency means a state or local public entity that issues a permit to an operator for mobility services or that otherwise regulates an operator.(h) Trip data means data, that is not anonymized trip data, pertaining to a trip taken by a user, including, but not limited to, GPS data, an address, time or date stamp, and route data that have not been aggregated and deidentified.(i) User means a rider of a mobility device or accountholder of an operator.1798.78.2. (a) Notwithstanding any other law, a public agency may require an operator to periodically submit to the public agency anonymized trip data regarding the operators mobility devices operating in the geographic area under the public agencys jurisdiction.(b) If a requirement pursuant to subdivision (a) exists, the public agency shall give the operator reasonable notice of that requirement and sufficient time to aggregate and deidentify any anonymized trip data to be submitted.1798.78.3. (a) A public agency may share anonymized trip data with a contractor, agent, or other public agency only if all of the following are true:(1) The purpose of the sharing is to assist the public agency in the promotion and protection of transportation planning, integration of mobility options, and road safety, including the safety of riders, operators, pedestrians, and motorists.(2) A trip included in the data that is being submitted has not ended within the previous 24 hours.(3) Any recipient of the anonymized trip data is expressly prohibited by contract from using or disclosing the anonymized trip data for any commercial purpose.(b) A public agency shall not share trip data with a contractor or agent.1798.78.4. (a) Trip data is personal information, as defined in Section 1798.140.(b) Trip data is electronic device information, as defined in Section 1546 of the Penal Code. | |
| 56 | 63 | ||
| 57 | 64 | CHAPTER 2. Personal Information of Users of Mobility Devices | |
| 58 | 65 | ||
| 59 | 66 | CHAPTER 2. Personal Information of Users of Mobility Devices | |
| 60 | 67 | ||
| 61 | 68 | 1798.78.1. As used in this chapter:(a) Aggregated means that the data reflects average information, including trip length, trip duration, approximate trip, and location of no less than five separate trips by no less than five separate users.(b) Anonymized trip data means data pertaining to a trip taken by a user that has been aggregated and deidentified.(c) (1) Deidentified means information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular user or trip.(2) Information shall not be deemed to be deidentified if it is provided to a recipient that does not meet all of the following criteria:(A) The recipient has implemented technical safeguards that prohibit reidentification of the user or trip to which the information pertains.(B) The recipient has implemented processes that specifically prohibit reidentification of the information.(C) The recipient has implemented processes to prevent unauthorized access, inadvertent release, or public disclosure of deidentified information.(D) The recipient does not attempt to reidentify the information.(d) (1) Mobility device means any transportation device or vehicle, including, but not limited to, a bicycle, electric bicycle, dockless bicycle, electric scooter, vehicle utilized on the online-enabled application or platform of a transportation network company, as defined by Section 5431 of the Public Utilities Code, autonomous vehicle, and any other device or vehicle by which a person can be propelled, moved, or drawn that is displayed, offered, or placed for rent in any public area or public right-of-way.(2) A mobility device does not include a device made available to the public by a public agency, including through contractors or agents of that public agency.(e) Operational data means data, that is neither trip data nor anonymized trip data, pertaining to the location of a stationary mobility device owned or controlled by the operator that is not engaged by users or on a trip.(f) Operator means a person or entity that makes mobility devices generally available to the public, including through an online-enabled technology application service, website, or system.(g) Public agency means a state or local public entity that issues a permit to an operator for mobility services or that otherwise regulates an operator.(h) Trip data means data, that is not anonymized trip data, pertaining to a trip taken by a user, including, but not limited to, GPS data, an address, time or date stamp, and route data that have not been aggregated and deidentified.(i) User means a rider of a mobility device or accountholder of an operator. | |
| 62 | 69 | ||
| 63 | 70 | ||
| 64 | 71 | ||
| 65 | 72 | 1798.78.1. As used in this chapter: | |
| 66 | 73 | ||
| 67 | 74 | (a) Aggregated means that the data reflects average information, including trip length, trip duration, approximate trip, and location of no less than five separate trips by no less than five separate users. | |
| 68 | 75 | ||
| 69 | 76 | (b) Anonymized trip data means data pertaining to a trip taken by a user that has been aggregated and deidentified. | |
| 70 | 77 | ||
| 71 | 78 | (c) (1) Deidentified means information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular user or trip. | |
| 72 | 79 | ||
| 73 | 80 | (2) Information shall not be deemed to be deidentified if it is provided to a recipient that does not meet all of the following criteria: | |
| 74 | 81 | ||
| 75 | 82 | (A) The recipient has implemented technical safeguards that prohibit reidentification of the user or trip to which the information pertains. | |
| 76 | 83 | ||
| 77 | 84 | (B) The recipient has implemented processes that specifically prohibit reidentification of the information. | |
| 78 | 85 | ||
| 79 | 86 | (C) The recipient has implemented processes to prevent unauthorized access, inadvertent release, or public disclosure of deidentified information. | |
| 80 | 87 | ||
| 81 | 88 | (D) The recipient does not attempt to reidentify the information. | |
| 82 | 89 | ||
| 83 | 90 | (d) (1) Mobility device means any transportation device or vehicle, including, but not limited to, a bicycle, electric bicycle, dockless bicycle, electric scooter, vehicle utilized on the online-enabled application or platform of a transportation network company, as defined by Section 5431 of the Public Utilities Code, autonomous vehicle, and any other device or vehicle by which a person can be propelled, moved, or drawn that is displayed, offered, or placed for rent in any public area or public right-of-way. | |
| 84 | 91 | ||
| 85 | 92 | (2) A mobility device does not include a device made available to the public by a public agency, including through contractors or agents of that public agency. | |
| 86 | 93 | ||
| 87 | 94 | (e) Operational data means data, that is neither trip data nor anonymized trip data, pertaining to the location of a stationary mobility device owned or controlled by the operator that is not engaged by users or on a trip. | |
| 88 | 95 | ||
| 89 | 96 | (f) Operator means a person or entity that makes mobility devices generally available to the public, including through an online-enabled technology application service, website, or system. | |
| 90 | 97 | ||
| 91 | 98 | (g) Public agency means a state or local public entity that issues a permit to an operator for mobility services or that otherwise regulates an operator. | |
| 92 | 99 | ||
| 93 | 100 | (h) Trip data means data, that is not anonymized trip data, pertaining to a trip taken by a user, including, but not limited to, GPS data, an address, time or date stamp, and route data that have not been aggregated and deidentified. | |
| 94 | 101 | ||
| 95 | 102 | (i) User means a rider of a mobility device or accountholder of an operator. | |
| 96 | 103 | ||
| 97 | 104 | 1798.78.2. (a) Notwithstanding any other law, a public agency may require an operator to periodically submit to the public agency anonymized trip data regarding the operators mobility devices operating in the geographic area under the public agencys jurisdiction.(b) If a requirement pursuant to subdivision (a) exists, the public agency shall give the operator reasonable notice of that requirement and sufficient time to aggregate and deidentify any anonymized trip data to be submitted. | |
| 98 | 105 | ||
| 99 | 106 | ||
| 100 | 107 | ||
| 101 | 108 | 1798.78.2. (a) Notwithstanding any other law, a public agency may require an operator to periodically submit to the public agency anonymized trip data regarding the operators mobility devices operating in the geographic area under the public agencys jurisdiction. | |
| 102 | 109 | ||
| 103 | 110 | (b) If a requirement pursuant to subdivision (a) exists, the public agency shall give the operator reasonable notice of that requirement and sufficient time to aggregate and deidentify any anonymized trip data to be submitted. | |
| 104 | 111 | ||
| 105 | 112 | 1798.78.3. (a) A public agency may share anonymized trip data with a contractor, agent, or other public agency only if all of the following are true:(1) The purpose of the sharing is to assist the public agency in the promotion and protection of transportation planning, integration of mobility options, and road safety, including the safety of riders, operators, pedestrians, and motorists.(2) A trip included in the data that is being submitted has not ended within the previous 24 hours.(3) Any recipient of the anonymized trip data is expressly prohibited by contract from using or disclosing the anonymized trip data for any commercial purpose.(b) A public agency shall not share trip data with a contractor or agent. | |
| 106 | 113 | ||
| 107 | 114 | ||
| 108 | 115 | ||
| 109 | 116 | 1798.78.3. (a) A public agency may share anonymized trip data with a contractor, agent, or other public agency only if all of the following are true: | |
| 110 | 117 | ||
| 111 | 118 | (1) The purpose of the sharing is to assist the public agency in the promotion and protection of transportation planning, integration of mobility options, and road safety, including the safety of riders, operators, pedestrians, and motorists. | |
| 112 | 119 | ||
| 113 | 120 | (2) A trip included in the data that is being submitted has not ended within the previous 24 hours. | |
| 114 | 121 | ||
| 115 | 122 | (3) Any recipient of the anonymized trip data is expressly prohibited by contract from using or disclosing the anonymized trip data for any commercial purpose. | |
| 116 | 123 | ||
| 117 | 124 | (b) A public agency shall not share trip data with a contractor or agent. | |
| 118 | 125 | ||
| 119 | - | 1798.78.4. (a) Trip data is personal information, as defined in Section 1798.140.(b) Trip data is electronic device information, as defined in Section 1546 of the Penal Code. | |
| 126 | + | 1798.78.4. (a) Trip data is personal information, as defined in Section 1798.140.(b) Trip data is electronic device information, as defined in Section 1546 of the Penal Code. | |
| 120 | 127 | ||
| 121 | 128 | ||
| 122 | 129 | ||
| 123 | 130 | 1798.78.4. (a) Trip data is personal information, as defined in Section 1798.140. | |
| 124 | 131 | ||
| 125 | - | (b) Trip data is electronic device information, as defined in Section 1546 of the Penal Code. | |
| 132 | + | (b) Trip data is electronic device information, as defined in Section 1546 of the Penal Code. | |
| 126 | 133 | ||
| 127 | 134 | SEC. 2. The addition by this act of Section 1798.78.4 to the Civil Code does not constitute a change in, but is declaratory of, existing law. | |
| 128 | 135 | ||
| 129 | 136 | SEC. 2. The addition by this act of Section 1798.78.4 to the Civil Code does not constitute a change in, but is declaratory of, existing law. | |
| 130 | 137 | ||
| 131 | 138 | SEC. 2. The addition by this act of Section 1798.78.4 to the Civil Code does not constitute a change in, but is declaratory of, existing law. | |
| 132 | 139 | ||
| 133 | 140 | ### SEC. 2. | |
| 141 | + | ||
| 142 | + | ||
| 143 | + | ||
| 144 | + | ||
| 145 | + | ||
| 146 | + | (a)Each agency shall ensure that no record containing personal information is modified, transferred, or destroyed in order to avoid compliance with this chapter. In the event that an agency fails to comply with this section, an individual may bring a civil action and seek the appropriate remedies and damages in accordance with the provisions of Article 9 (commencing with Section 1798.45). | |
| 147 | + | ||
| 148 | + | ||
| 149 | + | ||
| 150 | + | (b)An agency shall not remove or destroy personal information about an individual who has requested access to the information before allowing the individual access to the record containing the information. |