California 2021-2022 Regular Session

California Assembly Bill AB2308 Compare Versions

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

Old	New	Differences
1	1	CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2308Introduced by Assembly Member KileyFebruary 16, 2022 An act to amend Section 1798.3 of the Civil Code, relating to information practices. LEGISLATIVE COUNSEL'S DIGESTAB 2308, as introduced, Kiley. Information Practices Act of 1977: commercial purposes.Existing law, the Information Practices Act of 1977, prescribes a set of requirements, prohibitions, and remedies applicable to certain state agencies, as defined, with regard to their collection, storage, and disclosure of personal information. Existing law defines the term commercial purpose, as used in that law, to mean any purpose that has a financial gain as a major objective.This bill would revise the above definition of commercial purpose to instead mean any purpose that has financial gain as an objective.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 1798.3 of the Civil Code, as amended by Chapter 615 of the Statutes of 2021, is amended to read:1798.3. As used in this chapter:(a) The term personal information means any information that is maintained by an agency that identifies or describes an individual, including, but not limited to, the individuals name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. It includes statements made by, or attributed to, the individual.(b) The term agency means every state office, officer, department, division, bureau, board, commission, or other state agency, except that the term agency shall not include:(1) The California Legislature.(2) Any agency established under Article VI of the California Constitution.(3) The State Compensation Insurance Fund, except as to any records that contain personal information about the employees of the State Compensation Insurance Fund.(4) A local agency, as defined in Section 7920.510 of the Government Code.(c) The term disclose means to disclose, release, transfer, disseminate, or otherwise communicate all or any part of any record orally, in writing, or by electronic or any other means to any person or entity.(d) The term individual means a natural person.(e) The term maintain includes maintain, acquire, use, or disclose.(f) The term person means any natural person, corporation, partnership, limited liability company, firm, or association.(g) The term record means any file or grouping of information about an individual that is maintained by an agency by reference to an identifying particular such as the individuals name, photograph, finger or voice print, or a number or symbol assigned to the individual.(h) The term system of records means one or more records, which pertain to one or more individuals, which is maintained by any agency, from which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to the individual.(i) The term governmental entity, except as used in Section 1798.26, means any branch of the federal government or of the local government.(j) The term commercial purpose means any purpose that has financial gain as a major an objective. It does not include the gathering or dissemination of newsworthy facts by a publisher or broadcaster.(k) The term regulatory agency means the Department of Business Oversight, Financial Protection and Innovation, the Department of Insurance, the Bureau of Real Estate, and agencies of the United States or of any other state responsible for regulating financial institutions.
2	2
3	3	CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2308Introduced by Assembly Member KileyFebruary 16, 2022 An act to amend Section 1798.3 of the Civil Code, relating to information practices. LEGISLATIVE COUNSEL'S DIGESTAB 2308, as introduced, Kiley. Information Practices Act of 1977: commercial purposes.Existing law, the Information Practices Act of 1977, prescribes a set of requirements, prohibitions, and remedies applicable to certain state agencies, as defined, with regard to their collection, storage, and disclosure of personal information. Existing law defines the term commercial purpose, as used in that law, to mean any purpose that has a financial gain as a major objective.This bill would revise the above definition of commercial purpose to instead mean any purpose that has financial gain as an objective.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
4	4
5	5
6	6
7	7
8	8
9	9	CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
10	10
11	11	Assembly Bill
12	12
13	13	No. 2308
14	14
15	15	Introduced by Assembly Member KileyFebruary 16, 2022
16	16
17	17	Introduced by Assembly Member Kiley
18	18	February 16, 2022
19	19
20	20	An act to amend Section 1798.3 of the Civil Code, relating to information practices.
21	21
22	22	LEGISLATIVE COUNSEL'S DIGEST
23	23
24	24	## LEGISLATIVE COUNSEL'S DIGEST
25	25
26	26	AB 2308, as introduced, Kiley. Information Practices Act of 1977: commercial purposes.
27	27
28	28	Existing law, the Information Practices Act of 1977, prescribes a set of requirements, prohibitions, and remedies applicable to certain state agencies, as defined, with regard to their collection, storage, and disclosure of personal information. Existing law defines the term commercial purpose, as used in that law, to mean any purpose that has a financial gain as a major objective.This bill would revise the above definition of commercial purpose to instead mean any purpose that has financial gain as an objective.
29	29
30	30	Existing law, the Information Practices Act of 1977, prescribes a set of requirements, prohibitions, and remedies applicable to certain state agencies, as defined, with regard to their collection, storage, and disclosure of personal information. Existing law defines the term commercial purpose, as used in that law, to mean any purpose that has a financial gain as a major objective.
31	31
32	32	This bill would revise the above definition of commercial purpose to instead mean any purpose that has financial gain as an objective.
33	33
34	34	## Digest Key
35	35
36	36	## Bill Text
37	37
38	38	The people of the State of California do enact as follows:SECTION 1. Section 1798.3 of the Civil Code, as amended by Chapter 615 of the Statutes of 2021, is amended to read:1798.3. As used in this chapter:(a) The term personal information means any information that is maintained by an agency that identifies or describes an individual, including, but not limited to, the individuals name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. It includes statements made by, or attributed to, the individual.(b) The term agency means every state office, officer, department, division, bureau, board, commission, or other state agency, except that the term agency shall not include:(1) The California Legislature.(2) Any agency established under Article VI of the California Constitution.(3) The State Compensation Insurance Fund, except as to any records that contain personal information about the employees of the State Compensation Insurance Fund.(4) A local agency, as defined in Section 7920.510 of the Government Code.(c) The term disclose means to disclose, release, transfer, disseminate, or otherwise communicate all or any part of any record orally, in writing, or by electronic or any other means to any person or entity.(d) The term individual means a natural person.(e) The term maintain includes maintain, acquire, use, or disclose.(f) The term person means any natural person, corporation, partnership, limited liability company, firm, or association.(g) The term record means any file or grouping of information about an individual that is maintained by an agency by reference to an identifying particular such as the individuals name, photograph, finger or voice print, or a number or symbol assigned to the individual.(h) The term system of records means one or more records, which pertain to one or more individuals, which is maintained by any agency, from which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to the individual.(i) The term governmental entity, except as used in Section 1798.26, means any branch of the federal government or of the local government.(j) The term commercial purpose means any purpose that has financial gain as a major an objective. It does not include the gathering or dissemination of newsworthy facts by a publisher or broadcaster.(k) The term regulatory agency means the Department of Business Oversight, Financial Protection and Innovation, the Department of Insurance, the Bureau of Real Estate, and agencies of the United States or of any other state responsible for regulating financial institutions.
39	39
40	40	The people of the State of California do enact as follows:
41	41
42	42	## The people of the State of California do enact as follows:
43	43
44	44	SECTION 1. Section 1798.3 of the Civil Code, as amended by Chapter 615 of the Statutes of 2021, is amended to read:1798.3. As used in this chapter:(a) The term personal information means any information that is maintained by an agency that identifies or describes an individual, including, but not limited to, the individuals name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. It includes statements made by, or attributed to, the individual.(b) The term agency means every state office, officer, department, division, bureau, board, commission, or other state agency, except that the term agency shall not include:(1) The California Legislature.(2) Any agency established under Article VI of the California Constitution.(3) The State Compensation Insurance Fund, except as to any records that contain personal information about the employees of the State Compensation Insurance Fund.(4) A local agency, as defined in Section 7920.510 of the Government Code.(c) The term disclose means to disclose, release, transfer, disseminate, or otherwise communicate all or any part of any record orally, in writing, or by electronic or any other means to any person or entity.(d) The term individual means a natural person.(e) The term maintain includes maintain, acquire, use, or disclose.(f) The term person means any natural person, corporation, partnership, limited liability company, firm, or association.(g) The term record means any file or grouping of information about an individual that is maintained by an agency by reference to an identifying particular such as the individuals name, photograph, finger or voice print, or a number or symbol assigned to the individual.(h) The term system of records means one or more records, which pertain to one or more individuals, which is maintained by any agency, from which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to the individual.(i) The term governmental entity, except as used in Section 1798.26, means any branch of the federal government or of the local government.(j) The term commercial purpose means any purpose that has financial gain as a major an objective. It does not include the gathering or dissemination of newsworthy facts by a publisher or broadcaster.(k) The term regulatory agency means the Department of Business Oversight, Financial Protection and Innovation, the Department of Insurance, the Bureau of Real Estate, and agencies of the United States or of any other state responsible for regulating financial institutions.
45	45
46	46	SECTION 1. Section 1798.3 of the Civil Code, as amended by Chapter 615 of the Statutes of 2021, is amended to read:
47	47
48	48	### SECTION 1.
49	49
50	50	1798.3. As used in this chapter:(a) The term personal information means any information that is maintained by an agency that identifies or describes an individual, including, but not limited to, the individuals name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. It includes statements made by, or attributed to, the individual.(b) The term agency means every state office, officer, department, division, bureau, board, commission, or other state agency, except that the term agency shall not include:(1) The California Legislature.(2) Any agency established under Article VI of the California Constitution.(3) The State Compensation Insurance Fund, except as to any records that contain personal information about the employees of the State Compensation Insurance Fund.(4) A local agency, as defined in Section 7920.510 of the Government Code.(c) The term disclose means to disclose, release, transfer, disseminate, or otherwise communicate all or any part of any record orally, in writing, or by electronic or any other means to any person or entity.(d) The term individual means a natural person.(e) The term maintain includes maintain, acquire, use, or disclose.(f) The term person means any natural person, corporation, partnership, limited liability company, firm, or association.(g) The term record means any file or grouping of information about an individual that is maintained by an agency by reference to an identifying particular such as the individuals name, photograph, finger or voice print, or a number or symbol assigned to the individual.(h) The term system of records means one or more records, which pertain to one or more individuals, which is maintained by any agency, from which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to the individual.(i) The term governmental entity, except as used in Section 1798.26, means any branch of the federal government or of the local government.(j) The term commercial purpose means any purpose that has financial gain as a major an objective. It does not include the gathering or dissemination of newsworthy facts by a publisher or broadcaster.(k) The term regulatory agency means the Department of Business Oversight, Financial Protection and Innovation, the Department of Insurance, the Bureau of Real Estate, and agencies of the United States or of any other state responsible for regulating financial institutions.
51	51
52	52	1798.3. As used in this chapter:(a) The term personal information means any information that is maintained by an agency that identifies or describes an individual, including, but not limited to, the individuals name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. It includes statements made by, or attributed to, the individual.(b) The term agency means every state office, officer, department, division, bureau, board, commission, or other state agency, except that the term agency shall not include:(1) The California Legislature.(2) Any agency established under Article VI of the California Constitution.(3) The State Compensation Insurance Fund, except as to any records that contain personal information about the employees of the State Compensation Insurance Fund.(4) A local agency, as defined in Section 7920.510 of the Government Code.(c) The term disclose means to disclose, release, transfer, disseminate, or otherwise communicate all or any part of any record orally, in writing, or by electronic or any other means to any person or entity.(d) The term individual means a natural person.(e) The term maintain includes maintain, acquire, use, or disclose.(f) The term person means any natural person, corporation, partnership, limited liability company, firm, or association.(g) The term record means any file or grouping of information about an individual that is maintained by an agency by reference to an identifying particular such as the individuals name, photograph, finger or voice print, or a number or symbol assigned to the individual.(h) The term system of records means one or more records, which pertain to one or more individuals, which is maintained by any agency, from which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to the individual.(i) The term governmental entity, except as used in Section 1798.26, means any branch of the federal government or of the local government.(j) The term commercial purpose means any purpose that has financial gain as a major an objective. It does not include the gathering or dissemination of newsworthy facts by a publisher or broadcaster.(k) The term regulatory agency means the Department of Business Oversight, Financial Protection and Innovation, the Department of Insurance, the Bureau of Real Estate, and agencies of the United States or of any other state responsible for regulating financial institutions.
53	53
54	54	1798.3. As used in this chapter:(a) The term personal information means any information that is maintained by an agency that identifies or describes an individual, including, but not limited to, the individuals name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. It includes statements made by, or attributed to, the individual.(b) The term agency means every state office, officer, department, division, bureau, board, commission, or other state agency, except that the term agency shall not include:(1) The California Legislature.(2) Any agency established under Article VI of the California Constitution.(3) The State Compensation Insurance Fund, except as to any records that contain personal information about the employees of the State Compensation Insurance Fund.(4) A local agency, as defined in Section 7920.510 of the Government Code.(c) The term disclose means to disclose, release, transfer, disseminate, or otherwise communicate all or any part of any record orally, in writing, or by electronic or any other means to any person or entity.(d) The term individual means a natural person.(e) The term maintain includes maintain, acquire, use, or disclose.(f) The term person means any natural person, corporation, partnership, limited liability company, firm, or association.(g) The term record means any file or grouping of information about an individual that is maintained by an agency by reference to an identifying particular such as the individuals name, photograph, finger or voice print, or a number or symbol assigned to the individual.(h) The term system of records means one or more records, which pertain to one or more individuals, which is maintained by any agency, from which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to the individual.(i) The term governmental entity, except as used in Section 1798.26, means any branch of the federal government or of the local government.(j) The term commercial purpose means any purpose that has financial gain as a major an objective. It does not include the gathering or dissemination of newsworthy facts by a publisher or broadcaster.(k) The term regulatory agency means the Department of Business Oversight, Financial Protection and Innovation, the Department of Insurance, the Bureau of Real Estate, and agencies of the United States or of any other state responsible for regulating financial institutions.
55	55
56	56
57	57
58	58	1798.3. As used in this chapter:
59	59
60	60	(a) The term personal information means any information that is maintained by an agency that identifies or describes an individual, including, but not limited to, the individuals name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. It includes statements made by, or attributed to, the individual.
61	61
62	62	(b) The term agency means every state office, officer, department, division, bureau, board, commission, or other state agency, except that the term agency shall not include:
63	63
64	64	(1) The California Legislature.
65	65
66	66	(2) Any agency established under Article VI of the California Constitution.
67	67
68	68	(3) The State Compensation Insurance Fund, except as to any records that contain personal information about the employees of the State Compensation Insurance Fund.
69	69
70	70	(4) A local agency, as defined in Section 7920.510 of the Government Code.
71	71
72	72	(c) The term disclose means to disclose, release, transfer, disseminate, or otherwise communicate all or any part of any record orally, in writing, or by electronic or any other means to any person or entity.
73	73
74	74	(d) The term individual means a natural person.
75	75
76	76	(e) The term maintain includes maintain, acquire, use, or disclose.
77	77
78	78	(f) The term person means any natural person, corporation, partnership, limited liability company, firm, or association.
79	79
80	80	(g) The term record means any file or grouping of information about an individual that is maintained by an agency by reference to an identifying particular such as the individuals name, photograph, finger or voice print, or a number or symbol assigned to the individual.
81	81
82	82	(h) The term system of records means one or more records, which pertain to one or more individuals, which is maintained by any agency, from which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to the individual.
83	83
84	84	(i) The term governmental entity, except as used in Section 1798.26, means any branch of the federal government or of the local government.
85	85
86	86	(j) The term commercial purpose means any purpose that has financial gain as a major an objective. It does not include the gathering or dissemination of newsworthy facts by a publisher or broadcaster.
87	87
88	88	(k) The term regulatory agency means the Department of Business Oversight, Financial Protection and Innovation, the Department of Insurance, the Bureau of Real Estate, and agencies of the United States or of any other state responsible for regulating financial institutions.