| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Amended IN Senate August 11, | |
| 1 | + | Amended IN Senate July 14, 2020 Amended IN Senate May 29, 2020 Amended IN Senate August 12, 2019 Amended IN Senate July 11, 2019 Amended IN Senate June 24, 2019 Amended IN Assembly April 08, 2019 Amended IN Assembly March 21, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 660Introduced by Assembly Member LevineFebruary 15, 2019An act to add Section 10360 to the Public Contract Code, relating to public contracts. Title 1.81.10 (commencing with Section 1798.600) to Part 4 of Division 3 of the Civil Code, relating to personal information.LEGISLATIVE COUNSEL'S DIGESTAB 660, as amended, Levine. Public contracts: privacy: Personal information: contact tracing.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.Other existing law, the California Consumer Privacy Act of 2018 (CCPA), 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 know the categories and the specific pieces of personal information that have been collected and to opt out of the sale of personal information. The CCPA also grants a consumer the right to request a business to delete any personal information about the consumer collected by the business and requires a business to do so upon receipt of a verified request, except as specified. The CCPA exempts certain categories of personal information and entities from its provisions, including a health care provider or a covered entity governed by certain federal privacy, security, and data breach notification rules if the health care provider or covered entity maintains information in accordance with specified requirements.This bill would prohibit data collected, received, or prepared for purposes of contact tracing from being shared with any entity other than a public health entity. The bill would prohibit a law enforcement official from engaging in contact tracing. The bill would define terms for its purposes.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.The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.This bill would make legislative findings to that effect.Existing law governs contracts entered into by a state agency for services to be rendered to the state. A willful violation of that law is punishable as a misdemeanor.This bill would require a contract entered into by a state agency for services related to contact tracing to include certain provisions, including that a contractor may share personal information obtained via a contact tracing application or service only to comply with a warrant or subpoena or to facilitate a public health providers efforts to mitigate the spread of a communicable disease. By expanding the scope of a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESNO Bill TextThe people of the State of California do enact as follows:SECTION 1. Title 1.81.10 (commencing with Section 1798.600) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 1.81.10. Contact Tracing1798.600. As used in this title:(a) Contact tracing means identifying and monitoring individuals, through data collection and analysis, who may have had contact with an infectious person as a means of controlling the spread of a communicable disease.(b) Data means measurements, transactions, determinations, locations, or other information, whether or not that information can be associated with a specific natural person.(c) Law enforcement official means any local agency or officer of a local agency authorized to enforce criminal statutes, regulations, or local ordinances or to operate jails or to maintain custody of individuals in jails, and any person or local agency authorized to operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities. Law enforcement official for purposes of this title also includes staff of a district attorney.(d) Public health entity means a state or local public entity that is responsible for public health matters as part of its official mandate.1798.601. Data collected, received, or prepared for purposes of contact tracing shall not be shared with any entity other than a public health entity.1798.602. A law enforcement official shall not engage in contact tracing.SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 1798.601 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:This act balances the right of the public to access relevant information about contact tracing efforts by public health entities while protecting the privacy rights of individuals whose data is collected for contact tracing purposes.SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Section 1798.601 of the Civil Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:This act balances the right of the public to access relevant information about contact tracing efforts by public health entities while protecting the privacy rights of individuals whose data is collected for contact tracing purposes.SECTION 1.Section 10360 is added to the Public Contract Code, to read:10360.(a)A contract entered into by a state agency for services related to contact tracing shall include all of the following provisions:(1)The contractor may share personal information obtained via a contact tracing application or service only for an authorized purpose.(2)(A)A contact tracing application or service subject to a contract described in paragraph (1) shall conspicuously notify a user of the authorized purposes described in paragraph (1) of subdivision (b) for which the users personal information may be used.(B)A contact tracing application shall notify a user that the authorized purposes described in paragraph (1) of subdivision (b) are the only purposes for which a users personal information may be used.(b)For purposes of this section:(1)Authorized purpose means either of the following:(A)To comply with a warrant or subpoena.(B)To facilitate a public health providers efforts to mitigate the spread of a communicable disease.(2)Contact tracing means the use of a persons geolocation data gathered from a mobile device for the purpose of determining possible exposure to a communicable disease.(3)Personal information means information that identifies or describes a particular individual.SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Senate July 14, 2020 Amended IN Senate May 29, 2020 Amended IN Senate August 12, 2019 Amended IN Senate July 11, 2019 Amended IN Senate June 24, 2019 Amended IN Assembly April 08, 2019 Amended IN Assembly March 21, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 660Introduced by Assembly Member LevineFebruary 15, 2019An act to add Section 10360 to the Public Contract Code, relating to public contracts. Title 1.81.10 (commencing with Section 1798.600) to Part 4 of Division 3 of the Civil Code, relating to personal information.LEGISLATIVE COUNSEL'S DIGESTAB 660, as amended, Levine. Public contracts: privacy: Personal information: contact tracing.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.Other existing law, the California Consumer Privacy Act of 2018 (CCPA), 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 know the categories and the specific pieces of personal information that have been collected and to opt out of the sale of personal information. The CCPA also grants a consumer the right to request a business to delete any personal information about the consumer collected by the business and requires a business to do so upon receipt of a verified request, except as specified. The CCPA exempts certain categories of personal information and entities from its provisions, including a health care provider or a covered entity governed by certain federal privacy, security, and data breach notification rules if the health care provider or covered entity maintains information in accordance with specified requirements.This bill would prohibit data collected, received, or prepared for purposes of contact tracing from being shared with any entity other than a public health entity. The bill would prohibit a law enforcement official from engaging in contact tracing. The bill would define terms for its purposes.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.The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.This bill would make legislative findings to that effect.Existing law governs contracts entered into by a state agency for services to be rendered to the state. A willful violation of that law is punishable as a misdemeanor.This bill would require a contract entered into by a state agency for services related to contact tracing to include certain provisions, including that a contractor may share personal information obtained via a contact tracing application or service only to comply with a warrant or subpoena or to facilitate a public health providers efforts to mitigate the spread of a communicable disease. By expanding the scope of a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESNO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate July 14, 2020 Amended IN Senate May 29, 2020 Amended IN Senate August 12, 2019 Amended IN Senate July 11, 2019 Amended IN Senate June 24, 2019 Amended IN Assembly April 08, 2019 Amended IN Assembly March 21, 2019 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate August 11, 2020 | |
| 8 | 7 | Amended IN Senate July 14, 2020 | |
| 9 | 8 | Amended IN Senate May 29, 2020 | |
| 10 | 9 | Amended IN Senate August 12, 2019 | |
| 11 | 10 | Amended IN Senate July 11, 2019 | |
| 12 | 11 | Amended IN Senate June 24, 2019 | |
| 13 | 12 | Amended IN Assembly April 08, 2019 | |
| 14 | 13 | Amended IN Assembly March 21, 2019 | |
| 15 | 14 | ||
| 16 | 15 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 17 | 16 | ||
| 18 | 17 | Assembly Bill | |
| 19 | 18 | ||
| 20 | 19 | No. 660 | |
| 21 | 20 | ||
| 22 | 21 | Introduced by Assembly Member LevineFebruary 15, 2019 | |
| 23 | 22 | ||
| 24 | 23 | Introduced by Assembly Member Levine | |
| 25 | 24 | February 15, 2019 | |
| 26 | 25 | ||
| 27 | - | An act to add Title 1.81.10 (commencing with Section 1798.600) to Part 4 of Division 3 of the Civil Code, relating to personal information. | |
| 26 | + | An act to add Section 10360 to the Public Contract Code, relating to public contracts. Title 1.81.10 (commencing with Section 1798.600) to Part 4 of Division 3 of the Civil Code, relating to personal information. | |
| 28 | 27 | ||
| 29 | 28 | LEGISLATIVE COUNSEL'S DIGEST | |
| 30 | 29 | ||
| 31 | 30 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 32 | 31 | ||
| 33 | - | AB 660, as amended, Levine. Personal information: contact tracing. | |
| 32 | + | AB 660, as amended, Levine. Public contracts: privacy: Personal information: contact tracing. | |
| 34 | 33 | ||
| 35 | - | 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.Other existing law, the California Consumer Privacy Act of 2018 (CCPA), 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 know the categories and the specific pieces of personal information that have been collected and to opt out of the sale of personal information. The CCPA also grants a consumer the right to request a business to delete any personal information about the consumer collected by the business and requires a business to do so upon receipt of a verified request, except as specified. The CCPA exempts certain categories of personal information and entities from its provisions, including a health care provider or a covered entity governed by certain federal privacy, security, and data breach notification rules if the health care provider or covered entity maintains information in accordance with specified requirements.This bill would prohibit data collected, received, or prepared for purposes of contact tracing from being shared with any entity other than a public health entity. | |
| 34 | + | 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.Other existing law, the California Consumer Privacy Act of 2018 (CCPA), 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 know the categories and the specific pieces of personal information that have been collected and to opt out of the sale of personal information. The CCPA also grants a consumer the right to request a business to delete any personal information about the consumer collected by the business and requires a business to do so upon receipt of a verified request, except as specified. The CCPA exempts certain categories of personal information and entities from its provisions, including a health care provider or a covered entity governed by certain federal privacy, security, and data breach notification rules if the health care provider or covered entity maintains information in accordance with specified requirements.This bill would prohibit data collected, received, or prepared for purposes of contact tracing from being shared with any entity other than a public health entity. The bill would prohibit a law enforcement official from engaging in contact tracing. The bill would define terms for its purposes.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.The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.This bill would make legislative findings to that effect.Existing law governs contracts entered into by a state agency for services to be rendered to the state. A willful violation of that law is punishable as a misdemeanor.This bill would require a contract entered into by a state agency for services related to contact tracing to include certain provisions, including that a contractor may share personal information obtained via a contact tracing application or service only to comply with a warrant or subpoena or to facilitate a public health providers efforts to mitigate the spread of a communicable disease. By expanding the scope of a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 36 | 35 | ||
| 37 | 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. | |
| 38 | 37 | ||
| 39 | 38 | Other existing law, the California Consumer Privacy Act of 2018 (CCPA), 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 know the categories and the specific pieces of personal information that have been collected and to opt out of the sale of personal information. The CCPA also grants a consumer the right to request a business to delete any personal information about the consumer collected by the business and requires a business to do so upon receipt of a verified request, except as specified. The CCPA exempts certain categories of personal information and entities from its provisions, including a health care provider or a covered entity governed by certain federal privacy, security, and data breach notification rules if the health care provider or covered entity maintains information in accordance with specified requirements. | |
| 40 | 39 | ||
| 41 | - | This bill would prohibit data collected, received, or prepared for purposes of contact tracing from being shared with any entity other than a public health entity. | |
| 40 | + | This bill would prohibit data collected, received, or prepared for purposes of contact tracing from being shared with any entity other than a public health entity. The bill would prohibit a law enforcement official from engaging in contact tracing. The bill would define terms for its purposes. | |
| 42 | 41 | ||
| 43 | 42 | 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. | |
| 44 | 43 | ||
| 45 | 44 | This bill would make legislative findings to that effect. | |
| 46 | 45 | ||
| 47 | 46 | The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. | |
| 48 | 47 | ||
| 49 | 48 | This bill would make legislative findings to that effect. | |
| 50 | 49 | ||
| 50 | + | Existing law governs contracts entered into by a state agency for services to be rendered to the state. A willful violation of that law is punishable as a misdemeanor. | |
| 51 | + | ||
| 52 | + | ||
| 53 | + | ||
| 54 | + | This bill would require a contract entered into by a state agency for services related to contact tracing to include certain provisions, including that a contractor may share personal information obtained via a contact tracing application or service only to comply with a warrant or subpoena or to facilitate a public health providers efforts to mitigate the spread of a communicable disease. By expanding the scope of a crime, this bill would impose a state-mandated local program. | |
| 55 | + | ||
| 56 | + | ||
| 57 | + | ||
| 58 | + | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 59 | + | ||
| 60 | + | ||
| 61 | + | ||
| 62 | + | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 63 | + | ||
| 64 | + | ||
| 65 | + | ||
| 51 | 66 | ## Digest Key | |
| 52 | 67 | ||
| 53 | 68 | ## Bill Text | |
| 54 | 69 | ||
| 55 | - | The people of the State of California do enact as follows:SECTION 1. Title 1.81.10 (commencing with Section 1798.600) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 1.81.10. Contact Tracing1798.600. As used in this title:(a) Contact tracing means identifying and monitoring individuals, through data collection and analysis, who may have had contact with an infectious person as a means of controlling the spread of a communicable disease.(b) Data means measurements, transactions, determinations, locations, or other information, whether or not that information can be associated with a specific natural person.(c)Law enforcement official means any local agency or officer of a local agency authorized to enforce criminal statutes, regulations, or local ordinances or to operate jails or to maintain custody of individuals in jails, and any person or local agency authorized to operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities. Law enforcement official for purposes of this title also includes staff of a district attorney.(d)Public health entity means a state or local public entity that is responsible for public health matters as part of its official mandate. | |
| 70 | + | The people of the State of California do enact as follows:SECTION 1. Title 1.81.10 (commencing with Section 1798.600) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 1.81.10. Contact Tracing1798.600. As used in this title:(a) Contact tracing means identifying and monitoring individuals, through data collection and analysis, who may have had contact with an infectious person as a means of controlling the spread of a communicable disease.(b) Data means measurements, transactions, determinations, locations, or other information, whether or not that information can be associated with a specific natural person.(c) Law enforcement official means any local agency or officer of a local agency authorized to enforce criminal statutes, regulations, or local ordinances or to operate jails or to maintain custody of individuals in jails, and any person or local agency authorized to operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities. Law enforcement official for purposes of this title also includes staff of a district attorney.(d) Public health entity means a state or local public entity that is responsible for public health matters as part of its official mandate.1798.601. Data collected, received, or prepared for purposes of contact tracing shall not be shared with any entity other than a public health entity.1798.602. A law enforcement official shall not engage in contact tracing.SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 1798.601 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:This act balances the right of the public to access relevant information about contact tracing efforts by public health entities while protecting the privacy rights of individuals whose data is collected for contact tracing purposes.SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Section 1798.601 of the Civil Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:This act balances the right of the public to access relevant information about contact tracing efforts by public health entities while protecting the privacy rights of individuals whose data is collected for contact tracing purposes.SECTION 1.Section 10360 is added to the Public Contract Code, to read:10360.(a)A contract entered into by a state agency for services related to contact tracing shall include all of the following provisions:(1)The contractor may share personal information obtained via a contact tracing application or service only for an authorized purpose.(2)(A)A contact tracing application or service subject to a contract described in paragraph (1) shall conspicuously notify a user of the authorized purposes described in paragraph (1) of subdivision (b) for which the users personal information may be used.(B)A contact tracing application shall notify a user that the authorized purposes described in paragraph (1) of subdivision (b) are the only purposes for which a users personal information may be used.(b)For purposes of this section:(1)Authorized purpose means either of the following:(A)To comply with a warrant or subpoena.(B)To facilitate a public health providers efforts to mitigate the spread of a communicable disease.(2)Contact tracing means the use of a persons geolocation data gathered from a mobile device for the purpose of determining possible exposure to a communicable disease.(3)Personal information means information that identifies or describes a particular individual.SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. | |
| 56 | 71 | ||
| 57 | 72 | The people of the State of California do enact as follows: | |
| 58 | 73 | ||
| 59 | 74 | ## The people of the State of California do enact as follows: | |
| 60 | 75 | ||
| 61 | - | SECTION 1. Title 1.81.10 (commencing with Section 1798.600) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 1.81.10. Contact Tracing1798.600. As used in this title:(a) Contact tracing means identifying and monitoring individuals, through data collection and analysis, who may have had contact with an infectious person as a means of controlling the spread of a communicable disease.(b) Data means measurements, transactions, determinations, locations, or other information, whether or not that information can be associated with a specific natural person.(c)Law enforcement official means any local agency or officer of a local agency authorized to enforce criminal statutes, regulations, or local ordinances or to operate jails or to maintain custody of individuals in jails, and any person or local agency authorized to operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities. Law enforcement official for purposes of this title also includes staff of a district attorney.(d)Public health entity means a state or local public entity that is responsible for public health matters as part of its official mandate. | |
| 76 | + | SECTION 1. Title 1.81.10 (commencing with Section 1798.600) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 1.81.10. Contact Tracing1798.600. As used in this title:(a) Contact tracing means identifying and monitoring individuals, through data collection and analysis, who may have had contact with an infectious person as a means of controlling the spread of a communicable disease.(b) Data means measurements, transactions, determinations, locations, or other information, whether or not that information can be associated with a specific natural person.(c) Law enforcement official means any local agency or officer of a local agency authorized to enforce criminal statutes, regulations, or local ordinances or to operate jails or to maintain custody of individuals in jails, and any person or local agency authorized to operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities. Law enforcement official for purposes of this title also includes staff of a district attorney.(d) Public health entity means a state or local public entity that is responsible for public health matters as part of its official mandate.1798.601. Data collected, received, or prepared for purposes of contact tracing shall not be shared with any entity other than a public health entity.1798.602. A law enforcement official shall not engage in contact tracing. | |
| 62 | 77 | ||
| 63 | 78 | SECTION 1. Title 1.81.10 (commencing with Section 1798.600) is added to Part 4 of Division 3 of the Civil Code, to read: | |
| 64 | 79 | ||
| 65 | 80 | ### SECTION 1. | |
| 66 | 81 | ||
| 67 | - | TITLE 1.81.10. Contact Tracing1798.600. As used in this title:(a) Contact tracing means identifying and monitoring individuals, through data collection and analysis, who may have had contact with an infectious person as a means of controlling the spread of a communicable disease.(b) Data means measurements, transactions, determinations, locations, or other information, whether or not that information can be associated with a specific natural person.(c)Law enforcement official means any local agency or officer of a local agency authorized to enforce criminal statutes, regulations, or local ordinances or to operate jails or to maintain custody of individuals in jails, and any person or local agency authorized to operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities. Law enforcement official for purposes of this title also includes staff of a district attorney.(d)Public health entity means a state or local public entity that is responsible for public health matters as part of its official mandate. | |
| 82 | + | TITLE 1.81.10. Contact Tracing1798.600. As used in this title:(a) Contact tracing means identifying and monitoring individuals, through data collection and analysis, who may have had contact with an infectious person as a means of controlling the spread of a communicable disease.(b) Data means measurements, transactions, determinations, locations, or other information, whether or not that information can be associated with a specific natural person.(c) Law enforcement official means any local agency or officer of a local agency authorized to enforce criminal statutes, regulations, or local ordinances or to operate jails or to maintain custody of individuals in jails, and any person or local agency authorized to operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities. Law enforcement official for purposes of this title also includes staff of a district attorney.(d) Public health entity means a state or local public entity that is responsible for public health matters as part of its official mandate.1798.601. Data collected, received, or prepared for purposes of contact tracing shall not be shared with any entity other than a public health entity.1798.602. A law enforcement official shall not engage in contact tracing. | |
| 68 | 83 | ||
| 69 | - | TITLE 1.81.10. Contact Tracing1798.600. As used in this title:(a) Contact tracing means identifying and monitoring individuals, through data collection and analysis, who may have had contact with an infectious person as a means of controlling the spread of a communicable disease.(b) Data means measurements, transactions, determinations, locations, or other information, whether or not that information can be associated with a specific natural person.(c)Law enforcement official means any local agency or officer of a local agency authorized to enforce criminal statutes, regulations, or local ordinances or to operate jails or to maintain custody of individuals in jails, and any person or local agency authorized to operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities. Law enforcement official for purposes of this title also includes staff of a district attorney.(d)Public health entity means a state or local public entity that is responsible for public health matters as part of its official mandate. | |
| 84 | + | TITLE 1.81.10. Contact Tracing1798.600. As used in this title:(a) Contact tracing means identifying and monitoring individuals, through data collection and analysis, who may have had contact with an infectious person as a means of controlling the spread of a communicable disease.(b) Data means measurements, transactions, determinations, locations, or other information, whether or not that information can be associated with a specific natural person.(c) Law enforcement official means any local agency or officer of a local agency authorized to enforce criminal statutes, regulations, or local ordinances or to operate jails or to maintain custody of individuals in jails, and any person or local agency authorized to operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities. Law enforcement official for purposes of this title also includes staff of a district attorney.(d) Public health entity means a state or local public entity that is responsible for public health matters as part of its official mandate.1798.601. Data collected, received, or prepared for purposes of contact tracing shall not be shared with any entity other than a public health entity.1798.602. A law enforcement official shall not engage in contact tracing. | |
| 70 | 85 | ||
| 71 | 86 | TITLE 1.81.10. Contact Tracing | |
| 72 | 87 | ||
| 73 | 88 | TITLE 1.81.10. Contact Tracing | |
| 74 | 89 | ||
| 75 | - | 1798.600. As used in this title:(a) Contact tracing means identifying and monitoring individuals, through data collection and analysis, who may have had contact with an infectious person as a means of controlling the spread of a communicable disease.(b) Data means measurements, transactions, determinations, locations, or other information, whether or not that information can be associated with a specific natural person.(c)Law enforcement official means any local agency or officer of a local agency authorized to enforce criminal statutes, regulations, or local ordinances or to operate jails or to maintain custody of individuals in jails, and any person or local agency authorized to operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities. Law enforcement official for purposes of this title also includes staff of a district attorney.(d)Public health entity means a state or local public entity that is responsible for public health matters as part of its official mandate. | |
| 90 | + | 1798.600. As used in this title:(a) Contact tracing means identifying and monitoring individuals, through data collection and analysis, who may have had contact with an infectious person as a means of controlling the spread of a communicable disease.(b) Data means measurements, transactions, determinations, locations, or other information, whether or not that information can be associated with a specific natural person.(c) Law enforcement official means any local agency or officer of a local agency authorized to enforce criminal statutes, regulations, or local ordinances or to operate jails or to maintain custody of individuals in jails, and any person or local agency authorized to operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities. Law enforcement official for purposes of this title also includes staff of a district attorney.(d) Public health entity means a state or local public entity that is responsible for public health matters as part of its official mandate. | |
| 76 | 91 | ||
| 77 | 92 | ||
| 78 | 93 | ||
| 79 | 94 | 1798.600. As used in this title: | |
| 80 | 95 | ||
| 81 | 96 | (a) Contact tracing means identifying and monitoring individuals, through data collection and analysis, who may have had contact with an infectious person as a means of controlling the spread of a communicable disease. | |
| 82 | 97 | ||
| 83 | 98 | (b) Data means measurements, transactions, determinations, locations, or other information, whether or not that information can be associated with a specific natural person. | |
| 84 | 99 | ||
| 85 | 100 | (c) Law enforcement official means any local agency or officer of a local agency authorized to enforce criminal statutes, regulations, or local ordinances or to operate jails or to maintain custody of individuals in jails, and any person or local agency authorized to operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities. Law enforcement official for purposes of this title also includes staff of a district attorney. | |
| 86 | 101 | ||
| 102 | + | (d) Public health entity means a state or local public entity that is responsible for public health matters as part of its official mandate. | |
| 87 | 103 | ||
| 88 | - | ||
| 89 | - | (d)Public health entity means a state or local public entity that is responsible for public health matters as part of its official mandate. | |
| 104 | + | 1798.601. Data collected, received, or prepared for purposes of contact tracing shall not be shared with any entity other than a public health entity. | |
| 90 | 105 | ||
| 91 | 106 | ||
| 92 | 107 | ||
| 93 | - | ||
| 108 | + | 1798.601. Data collected, received, or prepared for purposes of contact tracing shall not be shared with any entity other than a public health entity. | |
| 94 | 109 | ||
| 95 | - | (1) A police department. | |
| 96 | - | ||
| 97 | - | (2) A sheriffs department. | |
| 98 | - | ||
| 99 | - | (3) A district attorney. | |
| 100 | - | ||
| 101 | - | (4) A county probation department. | |
| 102 | - | ||
| 103 | - | (5) A transit agency police department. | |
| 104 | - | ||
| 105 | - | (6) A school district police department. | |
| 106 | - | ||
| 107 | - | (7) The police department of any campus of any of the following: | |
| 108 | - | ||
| 109 | - | (A) The University of California. | |
| 110 | - | ||
| 111 | - | (B) The California State University. | |
| 112 | - | ||
| 113 | - | (C) A community college. | |
| 114 | - | ||
| 115 | - | (8) The Department of the California Highway Patrol. | |
| 116 | - | ||
| 117 | - | (9) The Department of Justice. | |
| 118 | - | ||
| 119 | - | 1798.601. (a) Data collected, received, or prepared for purposes of contact tracing shall not be shared with any entity other than a public health entity. used, maintained, or disclosed for any purpose other than facilitating contact tracing efforts.(b) (1) Except as provided in paragraph (2), all data collected, received, or prepared for purposes of contact tracing shall be deleted within 60 days.(2) This subdivision shall not apply to data in the possession of a local or state health department. | |
| 110 | + | 1798.602. A law enforcement official shall not engage in contact tracing. | |
| 120 | 111 | ||
| 121 | 112 | ||
| 122 | 113 | ||
| 123 | - | 1798.601. (a) Data collected, received, or prepared for purposes of contact tracing shall not be shared with any entity other than a public health entity. used, maintained, or disclosed for any purpose other than facilitating contact tracing efforts. | |
| 124 | - | ||
| 125 | - | (b) (1) Except as provided in paragraph (2), all data collected, received, or prepared for purposes of contact tracing shall be deleted within 60 days. | |
| 126 | - | ||
| 127 | - | (2) This subdivision shall not apply to data in the possession of a local or state health department. | |
| 128 | - | ||
| 129 | - | 1798.602. A law enforcement official An officer, deputy, employee, or agent of a law enforcement agency shall not engage in contact tracing. | |
| 130 | - | ||
| 131 | - | ||
| 132 | - | ||
| 133 | - | 1798.602. A law enforcement official An officer, deputy, employee, or agent of a law enforcement agency shall not engage in contact tracing. | |
| 134 | - | ||
| 135 | - | 1798.603. (a) A person may bring a civil action for a violation of this title to obtain injunctive relief.(b) A prevailing plaintiff in a civil action brought pursuant to this section shall be awarded reasonable attorney fees. | |
| 136 | - | ||
| 137 | - | ||
| 138 | - | ||
| 139 | - | 1798.603. (a) A person may bring a civil action for a violation of this title to obtain injunctive relief. | |
| 140 | - | ||
| 141 | - | (b) A prevailing plaintiff in a civil action brought pursuant to this section shall be awarded reasonable attorney fees. | |
| 114 | + | 1798.602. A law enforcement official shall not engage in contact tracing. | |
| 142 | 115 | ||
| 143 | 116 | SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 1798.601 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:This act balances the right of the public to access relevant information about contact tracing efforts by public health entities while protecting the privacy rights of individuals whose data is collected for contact tracing purposes. | |
| 144 | 117 | ||
| 145 | 118 | SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 1798.601 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:This act balances the right of the public to access relevant information about contact tracing efforts by public health entities while protecting the privacy rights of individuals whose data is collected for contact tracing purposes. | |
| 146 | 119 | ||
| 147 | 120 | SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 1798.601 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: | |
| 148 | 121 | ||
| 149 | 122 | ### SEC. 2. | |
| 150 | 123 | ||
| 151 | 124 | This act balances the right of the public to access relevant information about contact tracing efforts by public health entities while protecting the privacy rights of individuals whose data is collected for contact tracing purposes. | |
| 152 | 125 | ||
| 153 | - | SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Section 1798.601 of | |
| 126 | + | SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Section 1798.601 of the Civil Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:This act balances the right of the public to access relevant information about contact tracing efforts by public health entities while protecting the privacy rights of individuals whose data is collected for contact tracing purposes. | |
| 154 | 127 | ||
| 155 | - | SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Section 1798.601 of | |
| 128 | + | SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Section 1798.601 of the Civil Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:This act balances the right of the public to access relevant information about contact tracing efforts by public health entities while protecting the privacy rights of individuals whose data is collected for contact tracing purposes. | |
| 156 | 129 | ||
| 157 | - | SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Section 1798.601 of | |
| 130 | + | SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Section 1798.601 of the Civil Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: | |
| 158 | 131 | ||
| 159 | 132 | ### SEC. 3. | |
| 160 | 133 | ||
| 161 | 134 | This act balances the right of the public to access relevant information about contact tracing efforts by public health entities while protecting the privacy rights of individuals whose data is collected for contact tracing purposes. | |
| 135 | + | ||
| 136 | + | ||
| 137 | + | ||
| 138 | + | ||
| 139 | + | ||
| 140 | + | (a)A contract entered into by a state agency for services related to contact tracing shall include all of the following provisions: | |
| 141 | + | ||
| 142 | + | ||
| 143 | + | ||
| 144 | + | (1)The contractor may share personal information obtained via a contact tracing application or service only for an authorized purpose. | |
| 145 | + | ||
| 146 | + | ||
| 147 | + | ||
| 148 | + | (2)(A)A contact tracing application or service subject to a contract described in paragraph (1) shall conspicuously notify a user of the authorized purposes described in paragraph (1) of subdivision (b) for which the users personal information may be used. | |
| 149 | + | ||
| 150 | + | ||
| 151 | + | ||
| 152 | + | (B)A contact tracing application shall notify a user that the authorized purposes described in paragraph (1) of subdivision (b) are the only purposes for which a users personal information may be used. | |
| 153 | + | ||
| 154 | + | ||
| 155 | + | ||
| 156 | + | (b)For purposes of this section: | |
| 157 | + | ||
| 158 | + | ||
| 159 | + | ||
| 160 | + | (1)Authorized purpose means either of the following: | |
| 161 | + | ||
| 162 | + | ||
| 163 | + | ||
| 164 | + | (A)To comply with a warrant or subpoena. | |
| 165 | + | ||
| 166 | + | ||
| 167 | + | ||
| 168 | + | (B)To facilitate a public health providers efforts to mitigate the spread of a communicable disease. | |
| 169 | + | ||
| 170 | + | ||
| 171 | + | ||
| 172 | + | (2)Contact tracing means the use of a persons geolocation data gathered from a mobile device for the purpose of determining possible exposure to a communicable disease. | |
| 173 | + | ||
| 174 | + | ||
| 175 | + | ||
| 176 | + | (3)Personal information means information that identifies or describes a particular individual. | |
| 177 | + | ||
| 178 | + | ||
| 179 | + | ||
| 180 | + | ||
| 181 | + | ||
| 182 | + | No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. |