| 1 | 1 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2486Introduced by Assembly Member GabrielFebruary 17, 2022 An act to add Section 1798.199.36 to the Civil Code, relating to privacy, and making an appropriation therefor.LEGISLATIVE COUNSEL'S DIGESTAB 2486, as introduced, Gabriel. California Privacy Rights Act of 2020: Office for the Protection of Children Online.Existing law, the California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, establishes various rights that a consumer, as defined, has with respect to personal information, as defined, collected by a business, as defined, including the right of a person to direct a business that sells or shares personal information about the consumer to third parties not to sell or share the consumers personal information. The act prohibits a business from selling or sharing the personal information of a consumer if the business has actual knowledge that the consumer is less than 16 years of age, unless the consumer, in the case of a consumer at least 13 years of age and less than 16 years of age, or the consumers parent or guardian, in the case of a consumer who is less than 13 years of age, has affirmatively authorized the sale or sharing of the consumers personal information. The act establishes in state government the California Privacy Protection Agency (CPPA), which is vested with full administrative power, authority, and jurisdiction to administer, implement, and enforce the act, as prescribed. The act appropriates from the General Fund $10,000,000 annually to the CPPA for the operations of the CPPA under the act.This bill would create, in the CPPA, the Office for the Protection of Children Online for the purpose of ensuring that digital media available to children in this state are designed, provided, and accessed in a manner that duly protects the privacy, civil liberties, and mental and physical well-being of children, as prescribed. By expanding the authorized uses of continuously appropriated funds, this bill would make an appropriation.The California Privacy Rights Act of 2020 authorizes the Legislature to amend the act to further the purposes and intent of the act by a majority vote of both houses of the Legislature, as specified.This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.Digest Key Vote: 2/3 Appropriation: YES Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1798.199.36 is added to the Civil Code, to read:1798.199.36. (a) There is hereby created, in the California Privacy Protection Agency, the Office for the Protection of Children Online for the purpose of ensuring that digital media available to children in this state are designed, provided, and accessed in a manner that duly protects the privacy, civil liberties, and mental and physical well being of children.(b) (1) The office shall be under the direction of a director who shall be appointed by, and serve at the pleasure of, the agency. (2) The director shall report to the agency and lead the office in carrying out its mission.(c) As used in this section:(1) Agency means the California Privacy Protection Agency.(2) Office means the Office for the Protection of Children Online.SEC. 2. The Legislature finds and declares that this act furthers the purposes and intent of The California Privacy Rights Act of 2020. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2486Introduced by Assembly Member GabrielFebruary 17, 2022 An act to add Section 1798.199.36 to the Civil Code, relating to privacy, and making an appropriation therefor.LEGISLATIVE COUNSEL'S DIGESTAB 2486, as introduced, Gabriel. California Privacy Rights Act of 2020: Office for the Protection of Children Online.Existing law, the California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, establishes various rights that a consumer, as defined, has with respect to personal information, as defined, collected by a business, as defined, including the right of a person to direct a business that sells or shares personal information about the consumer to third parties not to sell or share the consumers personal information. The act prohibits a business from selling or sharing the personal information of a consumer if the business has actual knowledge that the consumer is less than 16 years of age, unless the consumer, in the case of a consumer at least 13 years of age and less than 16 years of age, or the consumers parent or guardian, in the case of a consumer who is less than 13 years of age, has affirmatively authorized the sale or sharing of the consumers personal information. The act establishes in state government the California Privacy Protection Agency (CPPA), which is vested with full administrative power, authority, and jurisdiction to administer, implement, and enforce the act, as prescribed. The act appropriates from the General Fund $10,000,000 annually to the CPPA for the operations of the CPPA under the act.This bill would create, in the CPPA, the Office for the Protection of Children Online for the purpose of ensuring that digital media available to children in this state are designed, provided, and accessed in a manner that duly protects the privacy, civil liberties, and mental and physical well-being of children, as prescribed. By expanding the authorized uses of continuously appropriated funds, this bill would make an appropriation.The California Privacy Rights Act of 2020 authorizes the Legislature to amend the act to further the purposes and intent of the act by a majority vote of both houses of the Legislature, as specified.This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.Digest Key Vote: 2/3 Appropriation: YES Fiscal Committee: YES Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 13 | 13 | | No. 2486 |
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| 15 | 15 | | Introduced by Assembly Member GabrielFebruary 17, 2022 |
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| 17 | 17 | | Introduced by Assembly Member Gabriel |
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| 18 | 18 | | February 17, 2022 |
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| 20 | 20 | | An act to add Section 1798.199.36 to the Civil Code, relating to privacy, and making an appropriation therefor. |
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| 21 | 21 | | |
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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 2486, as introduced, Gabriel. California Privacy Rights Act of 2020: Office for the Protection of Children Online. |
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| 28 | 28 | | Existing law, the California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, establishes various rights that a consumer, as defined, has with respect to personal information, as defined, collected by a business, as defined, including the right of a person to direct a business that sells or shares personal information about the consumer to third parties not to sell or share the consumers personal information. The act prohibits a business from selling or sharing the personal information of a consumer if the business has actual knowledge that the consumer is less than 16 years of age, unless the consumer, in the case of a consumer at least 13 years of age and less than 16 years of age, or the consumers parent or guardian, in the case of a consumer who is less than 13 years of age, has affirmatively authorized the sale or sharing of the consumers personal information. The act establishes in state government the California Privacy Protection Agency (CPPA), which is vested with full administrative power, authority, and jurisdiction to administer, implement, and enforce the act, as prescribed. The act appropriates from the General Fund $10,000,000 annually to the CPPA for the operations of the CPPA under the act.This bill would create, in the CPPA, the Office for the Protection of Children Online for the purpose of ensuring that digital media available to children in this state are designed, provided, and accessed in a manner that duly protects the privacy, civil liberties, and mental and physical well-being of children, as prescribed. By expanding the authorized uses of continuously appropriated funds, this bill would make an appropriation.The California Privacy Rights Act of 2020 authorizes the Legislature to amend the act to further the purposes and intent of the act by a majority vote of both houses of the Legislature, as specified.This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020. |
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| 30 | 30 | | Existing law, the California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, establishes various rights that a consumer, as defined, has with respect to personal information, as defined, collected by a business, as defined, including the right of a person to direct a business that sells or shares personal information about the consumer to third parties not to sell or share the consumers personal information. The act prohibits a business from selling or sharing the personal information of a consumer if the business has actual knowledge that the consumer is less than 16 years of age, unless the consumer, in the case of a consumer at least 13 years of age and less than 16 years of age, or the consumers parent or guardian, in the case of a consumer who is less than 13 years of age, has affirmatively authorized the sale or sharing of the consumers personal information. The act establishes in state government the California Privacy Protection Agency (CPPA), which is vested with full administrative power, authority, and jurisdiction to administer, implement, and enforce the act, as prescribed. The act appropriates from the General Fund $10,000,000 annually to the CPPA for the operations of the CPPA under the act. |
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| 32 | 32 | | This bill would create, in the CPPA, the Office for the Protection of Children Online for the purpose of ensuring that digital media available to children in this state are designed, provided, and accessed in a manner that duly protects the privacy, civil liberties, and mental and physical well-being of children, as prescribed. By expanding the authorized uses of continuously appropriated funds, this bill would make an appropriation. |
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| 34 | 34 | | The California Privacy Rights Act of 2020 authorizes the Legislature to amend the act to further the purposes and intent of the act by a majority vote of both houses of the Legislature, as specified. |
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| 36 | 36 | | This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020. |
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| 37 | 37 | | |
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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 1798.199.36 is added to the Civil Code, to read:1798.199.36. (a) There is hereby created, in the California Privacy Protection Agency, the Office for the Protection of Children Online for the purpose of ensuring that digital media available to children in this state are designed, provided, and accessed in a manner that duly protects the privacy, civil liberties, and mental and physical well being of children.(b) (1) The office shall be under the direction of a director who shall be appointed by, and serve at the pleasure of, the agency. (2) The director shall report to the agency and lead the office in carrying out its mission.(c) As used in this section:(1) Agency means the California Privacy Protection Agency.(2) Office means the Office for the Protection of Children Online.SEC. 2. The Legislature finds and declares that this act furthers the purposes and intent of The California Privacy Rights Act of 2020. |
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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 1798.199.36 is added to the Civil Code, to read:1798.199.36. (a) There is hereby created, in the California Privacy Protection Agency, the Office for the Protection of Children Online for the purpose of ensuring that digital media available to children in this state are designed, provided, and accessed in a manner that duly protects the privacy, civil liberties, and mental and physical well being of children.(b) (1) The office shall be under the direction of a director who shall be appointed by, and serve at the pleasure of, the agency. (2) The director shall report to the agency and lead the office in carrying out its mission.(c) As used in this section:(1) Agency means the California Privacy Protection Agency.(2) Office means the Office for the Protection of Children Online. |
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| 50 | 50 | | SECTION 1. Section 1798.199.36 is added to the Civil Code, to read: |
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| 52 | 52 | | ### SECTION 1. |
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| 54 | 54 | | 1798.199.36. (a) There is hereby created, in the California Privacy Protection Agency, the Office for the Protection of Children Online for the purpose of ensuring that digital media available to children in this state are designed, provided, and accessed in a manner that duly protects the privacy, civil liberties, and mental and physical well being of children.(b) (1) The office shall be under the direction of a director who shall be appointed by, and serve at the pleasure of, the agency. (2) The director shall report to the agency and lead the office in carrying out its mission.(c) As used in this section:(1) Agency means the California Privacy Protection Agency.(2) Office means the Office for the Protection of Children Online. |
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| 56 | 56 | | 1798.199.36. (a) There is hereby created, in the California Privacy Protection Agency, the Office for the Protection of Children Online for the purpose of ensuring that digital media available to children in this state are designed, provided, and accessed in a manner that duly protects the privacy, civil liberties, and mental and physical well being of children.(b) (1) The office shall be under the direction of a director who shall be appointed by, and serve at the pleasure of, the agency. (2) The director shall report to the agency and lead the office in carrying out its mission.(c) As used in this section:(1) Agency means the California Privacy Protection Agency.(2) Office means the Office for the Protection of Children Online. |
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| 58 | 58 | | 1798.199.36. (a) There is hereby created, in the California Privacy Protection Agency, the Office for the Protection of Children Online for the purpose of ensuring that digital media available to children in this state are designed, provided, and accessed in a manner that duly protects the privacy, civil liberties, and mental and physical well being of children.(b) (1) The office shall be under the direction of a director who shall be appointed by, and serve at the pleasure of, the agency. (2) The director shall report to the agency and lead the office in carrying out its mission.(c) As used in this section:(1) Agency means the California Privacy Protection Agency.(2) Office means the Office for the Protection of Children Online. |
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| 62 | 62 | | 1798.199.36. (a) There is hereby created, in the California Privacy Protection Agency, the Office for the Protection of Children Online for the purpose of ensuring that digital media available to children in this state are designed, provided, and accessed in a manner that duly protects the privacy, civil liberties, and mental and physical well being of children. |
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| 64 | 64 | | (b) (1) The office shall be under the direction of a director who shall be appointed by, and serve at the pleasure of, the agency. |
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| 66 | 66 | | (2) The director shall report to the agency and lead the office in carrying out its mission. |
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| 68 | 68 | | (c) As used in this section: |
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| 70 | 70 | | (1) Agency means the California Privacy Protection Agency. |
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| 72 | 72 | | (2) Office means the Office for the Protection of Children Online. |
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| 74 | 74 | | SEC. 2. The Legislature finds and declares that this act furthers the purposes and intent of The California Privacy Rights Act of 2020. |
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| 76 | 76 | | SEC. 2. The Legislature finds and declares that this act furthers the purposes and intent of The California Privacy Rights Act of 2020. |
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| 78 | 78 | | SEC. 2. The Legislature finds and declares that this act furthers the purposes and intent of The California Privacy Rights Act of 2020. |
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| 80 | 80 | | ### SEC. 2. |
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