California 2019-2020 Regular Session

California Assembly Bill AB3223 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3223Introduced by Assembly Member GallagherFebruary 21, 2020 An act to amend Section 1798.60 of, and to add Section 1798.54 to, the Civil Code, relating to information practices. LEGISLATIVE COUNSEL'S DIGESTAB 3223, as introduced, Gallagher. Information practices: public agencies.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. Existing law prohibits a public agency from selling, renting, or distributing an individuals name and address for commercial purposes, unless that action is specifically authorized by law. Existing law prescribes civil remedies and penalties for violations of the act.This bill would make an agency be liable for all damages proximately caused by a negligent or intentional violation of the requirements of the Information Practices Act of 1977. The bill would also prohibit an agency from in any way selling, renting, or exchanging for a commercial purpose the personal information that the agency holds, unless consented to by the person to whom that information applies.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1798.54 is added to the Civil Code, immediately following Section 1798.53, to read:1798.54. Notwithstanding any law, and in addition to any other remedy or penalty provided by law, an agency shall be liable for all damages proximately caused by a negligent or intentional violation of the requirements of this title.SEC. 2. Section 1798.60 of the Civil Code is amended to read:1798.60. (a) An individuals name and address may shall not be distributed for commercial purposes, sold, or rented by an agency unless such action is specifically authorized by law.(b) An agency shall not, without the consent of the person to whom that information applies, in any way sell, rent, or exchange for a commercial purpose the personal information that the agency holds.SEC. 3. The Legislature finds and declares that Section 2 of this act, which amends Section 1798.60 of the Civil Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to permit the people of California to control appropriately the commercial distribution of their personal information by public agencies, it is necessary to give them the opportunity to restrict this use.
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3	3	CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3223Introduced by Assembly Member GallagherFebruary 21, 2020 An act to amend Section 1798.60 of, and to add Section 1798.54 to, the Civil Code, relating to information practices. LEGISLATIVE COUNSEL'S DIGESTAB 3223, as introduced, Gallagher. Information practices: public agencies.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. Existing law prohibits a public agency from selling, renting, or distributing an individuals name and address for commercial purposes, unless that action is specifically authorized by law. Existing law prescribes civil remedies and penalties for violations of the act.This bill would make an agency be liable for all damages proximately caused by a negligent or intentional violation of the requirements of the Information Practices Act of 1977. The bill would also prohibit an agency from in any way selling, renting, or exchanging for a commercial purpose the personal information that the agency holds, unless consented to by the person to whom that information applies.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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9	9	CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
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11	11	Assembly Bill
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13	13	No. 3223
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15	15	Introduced by Assembly Member GallagherFebruary 21, 2020
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17	17	Introduced by Assembly Member Gallagher
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20	20	An act to amend Section 1798.60 of, and to add Section 1798.54 to, the Civil Code, relating to information practices.
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22	22	LEGISLATIVE COUNSEL'S DIGEST
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24	24	## LEGISLATIVE COUNSEL'S DIGEST
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26	26	AB 3223, as introduced, Gallagher. Information practices: public agencies.
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28	28	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. Existing law prohibits a public agency from selling, renting, or distributing an individuals name and address for commercial purposes, unless that action is specifically authorized by law. Existing law prescribes civil remedies and penalties for violations of the act.This bill would make an agency be liable for all damages proximately caused by a negligent or intentional violation of the requirements of the Information Practices Act of 1977. The bill would also prohibit an agency from in any way selling, renting, or exchanging for a commercial purpose the personal information that the agency holds, unless consented to by the person to whom that information applies.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.
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30	30	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. Existing law prohibits a public agency from selling, renting, or distributing an individuals name and address for commercial purposes, unless that action is specifically authorized by law. Existing law prescribes civil remedies and penalties for violations of the act.
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32	32	This bill would make an agency be liable for all damages proximately caused by a negligent or intentional violation of the requirements of the Information Practices Act of 1977. The bill would also prohibit an agency from in any way selling, renting, or exchanging for a commercial purpose the personal information that the agency holds, unless consented to by the person to whom that information applies.
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34	34	Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
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36	36	This bill would make legislative findings to that effect.
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38	38	## Digest Key
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40	40	## Bill Text
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42	42	The people of the State of California do enact as follows:SECTION 1. Section 1798.54 is added to the Civil Code, immediately following Section 1798.53, to read:1798.54. Notwithstanding any law, and in addition to any other remedy or penalty provided by law, an agency shall be liable for all damages proximately caused by a negligent or intentional violation of the requirements of this title.SEC. 2. Section 1798.60 of the Civil Code is amended to read:1798.60. (a) An individuals name and address may shall not be distributed for commercial purposes, sold, or rented by an agency unless such action is specifically authorized by law.(b) An agency shall not, without the consent of the person to whom that information applies, in any way sell, rent, or exchange for a commercial purpose the personal information that the agency holds.SEC. 3. The Legislature finds and declares that Section 2 of this act, which amends Section 1798.60 of the Civil Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to permit the people of California to control appropriately the commercial distribution of their personal information by public agencies, it is necessary to give them the opportunity to restrict this use.
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44	44	The people of the State of California do enact as follows:
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46	46	## The people of the State of California do enact as follows:
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48	48	SECTION 1. Section 1798.54 is added to the Civil Code, immediately following Section 1798.53, to read:1798.54. Notwithstanding any law, and in addition to any other remedy or penalty provided by law, an agency shall be liable for all damages proximately caused by a negligent or intentional violation of the requirements of this title.
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50	50	SECTION 1. Section 1798.54 is added to the Civil Code, immediately following Section 1798.53, to read:
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52	52	### SECTION 1.
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54	54	1798.54. Notwithstanding any law, and in addition to any other remedy or penalty provided by law, an agency shall be liable for all damages proximately caused by a negligent or intentional violation of the requirements of this title.
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56	56	1798.54. Notwithstanding any law, and in addition to any other remedy or penalty provided by law, an agency shall be liable for all damages proximately caused by a negligent or intentional violation of the requirements of this title.
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58	58	1798.54. Notwithstanding any law, and in addition to any other remedy or penalty provided by law, an agency shall be liable for all damages proximately caused by a negligent or intentional violation of the requirements of this title.
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62	62	1798.54. Notwithstanding any law, and in addition to any other remedy or penalty provided by law, an agency shall be liable for all damages proximately caused by a negligent or intentional violation of the requirements of this title.
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64	64	SEC. 2. Section 1798.60 of the Civil Code is amended to read:1798.60. (a) An individuals name and address may shall not be distributed for commercial purposes, sold, or rented by an agency unless such action is specifically authorized by law.(b) An agency shall not, without the consent of the person to whom that information applies, in any way sell, rent, or exchange for a commercial purpose the personal information that the agency holds.
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66	66	SEC. 2. Section 1798.60 of the Civil Code is amended to read:
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68	68	### SEC. 2.
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70	70	1798.60. (a) An individuals name and address may shall not be distributed for commercial purposes, sold, or rented by an agency unless such action is specifically authorized by law.(b) An agency shall not, without the consent of the person to whom that information applies, in any way sell, rent, or exchange for a commercial purpose the personal information that the agency holds.
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72	72	1798.60. (a) An individuals name and address may shall not be distributed for commercial purposes, sold, or rented by an agency unless such action is specifically authorized by law.(b) An agency shall not, without the consent of the person to whom that information applies, in any way sell, rent, or exchange for a commercial purpose the personal information that the agency holds.
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74	74	1798.60. (a) An individuals name and address may shall not be distributed for commercial purposes, sold, or rented by an agency unless such action is specifically authorized by law.(b) An agency shall not, without the consent of the person to whom that information applies, in any way sell, rent, or exchange for a commercial purpose the personal information that the agency holds.
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78	78	1798.60. (a) An individuals name and address may shall not be distributed for commercial purposes, sold, or rented by an agency unless such action is specifically authorized by law.
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80	80	(b) An agency shall not, without the consent of the person to whom that information applies, in any way sell, rent, or exchange for a commercial purpose the personal information that the agency holds.
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82	82	SEC. 3. The Legislature finds and declares that Section 2 of this act, which amends Section 1798.60 of the Civil Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to permit the people of California to control appropriately the commercial distribution of their personal information by public agencies, it is necessary to give them the opportunity to restrict this use.
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84	84	SEC. 3. The Legislature finds and declares that Section 2 of this act, which amends Section 1798.60 of the Civil Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to permit the people of California to control appropriately the commercial distribution of their personal information by public agencies, it is necessary to give them the opportunity to restrict this use.
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86	86	SEC. 3. The Legislature finds and declares that Section 2 of this act, which amends Section 1798.60 of the Civil Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
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88	88	### SEC. 3.
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90	90	In order to permit the people of California to control appropriately the commercial distribution of their personal information by public agencies, it is necessary to give them the opportunity to restrict this use.