California 2021-2022 Regular Session

California Senate Bill SB1172 Compare Versions

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1-Senate Bill No. 1172 CHAPTER 720 An act to add Chapter 22.2.7 (commencing with Section 22588) to Division 8 of the Business and Professions Code, relating to privacy. [ Approved by Governor September 28, 2022. Filed with Secretary of State September 28, 2022. ] LEGISLATIVE COUNSEL'S DIGESTSB 1172, Pan. Student Test Taker Privacy Protection Act.Existing law, the California Consumer Privacy Act of 2018 (CCPA), imposes various obligations on businesses with respect to personal information, as defined. The California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA.The CCPA requires a business to inform consumers of the categories of personal information to be collected and the purposes for which the categories of personal information are collected or used and whether that information is sold or shared. Existing law, the Student Online Personal Information Protection Act, prohibits an operator, as defined, from, among other things, disclosing a K12 students personal information, except as specified.This bill would prohibit a business providing proctoring services in an educational setting from collecting, retaining, using, or disclosing personal information except to the extent necessary to provide those proctoring services and in other specified circumstances.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: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 22.2.7 (commencing with Section 22588) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 22.2.7. Student Test Taker Privacy Protection Act22588. (a) Notwithstanding Section 22584 of the Business and Professions Code, a business providing proctoring services in an educational setting shall collect, use, retain, and disclose only the personal information strictly necessary to provide those services.(b) This section shall not prohibit a business from collecting, using, retaining, or disclosing personal information if doing so is necessary for any of the following:(1) To comply with federal, state, or local law.(2) To comply with a court order or subpoena.(3) To comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by a federal, state, or local agency authorized by law to conduct that inquiry or investigation, or authorized to serve a subpoena or summons, as applicable.(A) A law enforcement agency may direct a business, pursuant to a law enforcement agency-approved investigation with an active case number, not to delete a consumers personal information, and, upon receipt of that direction, a business shall not delete the personal information for 90 days, in order to allow the law enforcement agency to obtain a court order or subpoena to obtain the consumers personal information.(B) A business that has received direction from a law enforcement agency not to delete a consumers personal information that otherwise would not be permissible to retain or disclose pursuant to this section shall not use or disclose the consumers personal information for any purpose except in response to a court order or subpoena.(4) To cooperate with a law enforcement agency concerning conduct or activity that the business reasonably and in good faith believes to violate federal, state, or local law.(5) To cooperate with a government agency request for emergency access to a consumers personal information if a natural person is at imminent risk of death or serious physical injury, provided that all of the following are met:(A) The request is approved by a high-ranking agency officer for emergency access to a consumers personal information.(B) The request is based on the agencys good faith determination that it has a lawful basis to access the information on a nonemergency basis.(C) The agency agrees to petition a court for an appropriate order within three days and to destroy the information if that order is not granted.(6) To exercise or defend a legal claim.(c) For purposes of this section, personal information has the same meaning as in Section 1798.140 of the Civil Code.(d) For purposes of this section, proctoring services includes, but is not limited to, services offered by a business to observe, monitor, or administer an exam.SEC. 2. The Legislature finds and declares that the chapter added to the Business and Professions Code by this act furthers the purpose and intent of the California Privacy Rights Act of 2020, enacted by Proposition 24 at the November 3, 2020, statewide election, within the meaning of Section 25 of Proposition 24.
1+Enrolled August 26, 2022 Passed IN Senate August 24, 2022 Passed IN Assembly August 22, 2022 Amended IN Assembly June 29, 2022 Amended IN Assembly June 20, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1172Introduced by Senator PanFebruary 17, 2022 An act to add Chapter 22.2.7 (commencing with Section 22588) to Division 8 of the Business and Professions Code, relating to privacy.LEGISLATIVE COUNSEL'S DIGESTSB 1172, Pan. Student Test Taker Privacy Protection Act.Existing law, the California Consumer Privacy Act of 2018 (CCPA), imposes various obligations on businesses with respect to personal information, as defined. The California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA.The CCPA requires a business to inform consumers of the categories of personal information to be collected and the purposes for which the categories of personal information are collected or used and whether that information is sold or shared. Existing law, the Student Online Personal Information Protection Act, prohibits an operator, as defined, from, among other things, disclosing a K12 students personal information, except as specified.This bill would prohibit a business providing proctoring services in an educational setting from collecting, retaining, using, or disclosing personal information except to the extent necessary to provide those proctoring services and in other specified circumstances.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: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 22.2.7 (commencing with Section 22588) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 22.2.7. Student Test Taker Privacy Protection Act22588. (a) Notwithstanding Section 22584 of the Business and Professions Code, a business providing proctoring services in an educational setting shall collect, use, retain, and disclose only the personal information strictly necessary to provide those services.(b) This section shall not prohibit a business from collecting, using, retaining, or disclosing personal information if doing so is necessary for any of the following:(1) To comply with federal, state, or local law.(2) To comply with a court order or subpoena.(3) To comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by a federal, state, or local agency authorized by law to conduct that inquiry or investigation, or authorized to serve a subpoena or summons, as applicable.(A) A law enforcement agency may direct a business, pursuant to a law enforcement agency-approved investigation with an active case number, not to delete a consumers personal information, and, upon receipt of that direction, a business shall not delete the personal information for 90 days, in order to allow the law enforcement agency to obtain a court order or subpoena to obtain the consumers personal information.(B) A business that has received direction from a law enforcement agency not to delete a consumers personal information that otherwise would not be permissible to retain or disclose pursuant to this section shall not use or disclose the consumers personal information for any purpose except in response to a court order or subpoena.(4) To cooperate with a law enforcement agency concerning conduct or activity that the business reasonably and in good faith believes to violate federal, state, or local law.(5) To cooperate with a government agency request for emergency access to a consumers personal information if a natural person is at imminent risk of death or serious physical injury, provided that all of the following are met:(A) The request is approved by a high-ranking agency officer for emergency access to a consumers personal information.(B) The request is based on the agencys good faith determination that it has a lawful basis to access the information on a nonemergency basis.(C) The agency agrees to petition a court for an appropriate order within three days and to destroy the information if that order is not granted.(6) To exercise or defend a legal claim.(c) For purposes of this section, personal information has the same meaning as in Section 1798.140 of the Civil Code.(d) For purposes of this section, proctoring services includes, but is not limited to, services offered by a business to observe, monitor, or administer an exam.SEC. 2. The Legislature finds and declares that the chapter added to the Business and Professions Code by this act furthers the purpose and intent of the California Privacy Rights Act of 2020, enacted by Proposition 24 at the November 3, 2020, statewide election, within the meaning of Section 25 of Proposition 24.
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3- Senate Bill No. 1172 CHAPTER 720 An act to add Chapter 22.2.7 (commencing with Section 22588) to Division 8 of the Business and Professions Code, relating to privacy. [ Approved by Governor September 28, 2022. Filed with Secretary of State September 28, 2022. ] LEGISLATIVE COUNSEL'S DIGESTSB 1172, Pan. Student Test Taker Privacy Protection Act.Existing law, the California Consumer Privacy Act of 2018 (CCPA), imposes various obligations on businesses with respect to personal information, as defined. The California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA.The CCPA requires a business to inform consumers of the categories of personal information to be collected and the purposes for which the categories of personal information are collected or used and whether that information is sold or shared. Existing law, the Student Online Personal Information Protection Act, prohibits an operator, as defined, from, among other things, disclosing a K12 students personal information, except as specified.This bill would prohibit a business providing proctoring services in an educational setting from collecting, retaining, using, or disclosing personal information except to the extent necessary to provide those proctoring services and in other specified circumstances.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: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
3+ Enrolled August 26, 2022 Passed IN Senate August 24, 2022 Passed IN Assembly August 22, 2022 Amended IN Assembly June 29, 2022 Amended IN Assembly June 20, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1172Introduced by Senator PanFebruary 17, 2022 An act to add Chapter 22.2.7 (commencing with Section 22588) to Division 8 of the Business and Professions Code, relating to privacy.LEGISLATIVE COUNSEL'S DIGESTSB 1172, Pan. Student Test Taker Privacy Protection Act.Existing law, the California Consumer Privacy Act of 2018 (CCPA), imposes various obligations on businesses with respect to personal information, as defined. The California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA.The CCPA requires a business to inform consumers of the categories of personal information to be collected and the purposes for which the categories of personal information are collected or used and whether that information is sold or shared. Existing law, the Student Online Personal Information Protection Act, prohibits an operator, as defined, from, among other things, disclosing a K12 students personal information, except as specified.This bill would prohibit a business providing proctoring services in an educational setting from collecting, retaining, using, or disclosing personal information except to the extent necessary to provide those proctoring services and in other specified circumstances.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: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
44
5- Senate Bill No. 1172 CHAPTER 720
5+ Enrolled August 26, 2022 Passed IN Senate August 24, 2022 Passed IN Assembly August 22, 2022 Amended IN Assembly June 29, 2022 Amended IN Assembly June 20, 2022
66
7- Senate Bill No. 1172
7+Enrolled August 26, 2022
8+Passed IN Senate August 24, 2022
9+Passed IN Assembly August 22, 2022
10+Amended IN Assembly June 29, 2022
11+Amended IN Assembly June 20, 2022
812
9- CHAPTER 720
13+ CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
14+
15+ Senate Bill
16+
17+No. 1172
18+
19+Introduced by Senator PanFebruary 17, 2022
20+
21+Introduced by Senator Pan
22+February 17, 2022
1023
1124 An act to add Chapter 22.2.7 (commencing with Section 22588) to Division 8 of the Business and Professions Code, relating to privacy.
12-
13- [ Approved by Governor September 28, 2022. Filed with Secretary of State September 28, 2022. ]
1425
1526 LEGISLATIVE COUNSEL'S DIGEST
1627
1728 ## LEGISLATIVE COUNSEL'S DIGEST
1829
1930 SB 1172, Pan. Student Test Taker Privacy Protection Act.
2031
2132 Existing law, the California Consumer Privacy Act of 2018 (CCPA), imposes various obligations on businesses with respect to personal information, as defined. The California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA.The CCPA requires a business to inform consumers of the categories of personal information to be collected and the purposes for which the categories of personal information are collected or used and whether that information is sold or shared. Existing law, the Student Online Personal Information Protection Act, prohibits an operator, as defined, from, among other things, disclosing a K12 students personal information, except as specified.This bill would prohibit a business providing proctoring services in an educational setting from collecting, retaining, using, or disclosing personal information except to the extent necessary to provide those proctoring services and in other specified circumstances.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.
2233
2334 Existing law, the California Consumer Privacy Act of 2018 (CCPA), imposes various obligations on businesses with respect to personal information, as defined. The California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA.
2435
2536 The CCPA requires a business to inform consumers of the categories of personal information to be collected and the purposes for which the categories of personal information are collected or used and whether that information is sold or shared. Existing law, the Student Online Personal Information Protection Act, prohibits an operator, as defined, from, among other things, disclosing a K12 students personal information, except as specified.
2637
2738 This bill would prohibit a business providing proctoring services in an educational setting from collecting, retaining, using, or disclosing personal information except to the extent necessary to provide those proctoring services and in other specified circumstances.
2839
2940 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.
3041
3142 This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.
3243
3344 ## Digest Key
3445
3546 ## Bill Text
3647
3748 The people of the State of California do enact as follows:SECTION 1. Chapter 22.2.7 (commencing with Section 22588) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 22.2.7. Student Test Taker Privacy Protection Act22588. (a) Notwithstanding Section 22584 of the Business and Professions Code, a business providing proctoring services in an educational setting shall collect, use, retain, and disclose only the personal information strictly necessary to provide those services.(b) This section shall not prohibit a business from collecting, using, retaining, or disclosing personal information if doing so is necessary for any of the following:(1) To comply with federal, state, or local law.(2) To comply with a court order or subpoena.(3) To comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by a federal, state, or local agency authorized by law to conduct that inquiry or investigation, or authorized to serve a subpoena or summons, as applicable.(A) A law enforcement agency may direct a business, pursuant to a law enforcement agency-approved investigation with an active case number, not to delete a consumers personal information, and, upon receipt of that direction, a business shall not delete the personal information for 90 days, in order to allow the law enforcement agency to obtain a court order or subpoena to obtain the consumers personal information.(B) A business that has received direction from a law enforcement agency not to delete a consumers personal information that otherwise would not be permissible to retain or disclose pursuant to this section shall not use or disclose the consumers personal information for any purpose except in response to a court order or subpoena.(4) To cooperate with a law enforcement agency concerning conduct or activity that the business reasonably and in good faith believes to violate federal, state, or local law.(5) To cooperate with a government agency request for emergency access to a consumers personal information if a natural person is at imminent risk of death or serious physical injury, provided that all of the following are met:(A) The request is approved by a high-ranking agency officer for emergency access to a consumers personal information.(B) The request is based on the agencys good faith determination that it has a lawful basis to access the information on a nonemergency basis.(C) The agency agrees to petition a court for an appropriate order within three days and to destroy the information if that order is not granted.(6) To exercise or defend a legal claim.(c) For purposes of this section, personal information has the same meaning as in Section 1798.140 of the Civil Code.(d) For purposes of this section, proctoring services includes, but is not limited to, services offered by a business to observe, monitor, or administer an exam.SEC. 2. The Legislature finds and declares that the chapter added to the Business and Professions Code by this act furthers the purpose and intent of the California Privacy Rights Act of 2020, enacted by Proposition 24 at the November 3, 2020, statewide election, within the meaning of Section 25 of Proposition 24.
3849
3950 The people of the State of California do enact as follows:
4051
4152 ## The people of the State of California do enact as follows:
4253
4354 SECTION 1. Chapter 22.2.7 (commencing with Section 22588) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 22.2.7. Student Test Taker Privacy Protection Act22588. (a) Notwithstanding Section 22584 of the Business and Professions Code, a business providing proctoring services in an educational setting shall collect, use, retain, and disclose only the personal information strictly necessary to provide those services.(b) This section shall not prohibit a business from collecting, using, retaining, or disclosing personal information if doing so is necessary for any of the following:(1) To comply with federal, state, or local law.(2) To comply with a court order or subpoena.(3) To comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by a federal, state, or local agency authorized by law to conduct that inquiry or investigation, or authorized to serve a subpoena or summons, as applicable.(A) A law enforcement agency may direct a business, pursuant to a law enforcement agency-approved investigation with an active case number, not to delete a consumers personal information, and, upon receipt of that direction, a business shall not delete the personal information for 90 days, in order to allow the law enforcement agency to obtain a court order or subpoena to obtain the consumers personal information.(B) A business that has received direction from a law enforcement agency not to delete a consumers personal information that otherwise would not be permissible to retain or disclose pursuant to this section shall not use or disclose the consumers personal information for any purpose except in response to a court order or subpoena.(4) To cooperate with a law enforcement agency concerning conduct or activity that the business reasonably and in good faith believes to violate federal, state, or local law.(5) To cooperate with a government agency request for emergency access to a consumers personal information if a natural person is at imminent risk of death or serious physical injury, provided that all of the following are met:(A) The request is approved by a high-ranking agency officer for emergency access to a consumers personal information.(B) The request is based on the agencys good faith determination that it has a lawful basis to access the information on a nonemergency basis.(C) The agency agrees to petition a court for an appropriate order within three days and to destroy the information if that order is not granted.(6) To exercise or defend a legal claim.(c) For purposes of this section, personal information has the same meaning as in Section 1798.140 of the Civil Code.(d) For purposes of this section, proctoring services includes, but is not limited to, services offered by a business to observe, monitor, or administer an exam.
4455
4556 SECTION 1. Chapter 22.2.7 (commencing with Section 22588) is added to Division 8 of the Business and Professions Code, to read:
4657
4758 ### SECTION 1.
4859
4960 CHAPTER 22.2.7. Student Test Taker Privacy Protection Act22588. (a) Notwithstanding Section 22584 of the Business and Professions Code, a business providing proctoring services in an educational setting shall collect, use, retain, and disclose only the personal information strictly necessary to provide those services.(b) This section shall not prohibit a business from collecting, using, retaining, or disclosing personal information if doing so is necessary for any of the following:(1) To comply with federal, state, or local law.(2) To comply with a court order or subpoena.(3) To comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by a federal, state, or local agency authorized by law to conduct that inquiry or investigation, or authorized to serve a subpoena or summons, as applicable.(A) A law enforcement agency may direct a business, pursuant to a law enforcement agency-approved investigation with an active case number, not to delete a consumers personal information, and, upon receipt of that direction, a business shall not delete the personal information for 90 days, in order to allow the law enforcement agency to obtain a court order or subpoena to obtain the consumers personal information.(B) A business that has received direction from a law enforcement agency not to delete a consumers personal information that otherwise would not be permissible to retain or disclose pursuant to this section shall not use or disclose the consumers personal information for any purpose except in response to a court order or subpoena.(4) To cooperate with a law enforcement agency concerning conduct or activity that the business reasonably and in good faith believes to violate federal, state, or local law.(5) To cooperate with a government agency request for emergency access to a consumers personal information if a natural person is at imminent risk of death or serious physical injury, provided that all of the following are met:(A) The request is approved by a high-ranking agency officer for emergency access to a consumers personal information.(B) The request is based on the agencys good faith determination that it has a lawful basis to access the information on a nonemergency basis.(C) The agency agrees to petition a court for an appropriate order within three days and to destroy the information if that order is not granted.(6) To exercise or defend a legal claim.(c) For purposes of this section, personal information has the same meaning as in Section 1798.140 of the Civil Code.(d) For purposes of this section, proctoring services includes, but is not limited to, services offered by a business to observe, monitor, or administer an exam.
5061
5162 CHAPTER 22.2.7. Student Test Taker Privacy Protection Act22588. (a) Notwithstanding Section 22584 of the Business and Professions Code, a business providing proctoring services in an educational setting shall collect, use, retain, and disclose only the personal information strictly necessary to provide those services.(b) This section shall not prohibit a business from collecting, using, retaining, or disclosing personal information if doing so is necessary for any of the following:(1) To comply with federal, state, or local law.(2) To comply with a court order or subpoena.(3) To comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by a federal, state, or local agency authorized by law to conduct that inquiry or investigation, or authorized to serve a subpoena or summons, as applicable.(A) A law enforcement agency may direct a business, pursuant to a law enforcement agency-approved investigation with an active case number, not to delete a consumers personal information, and, upon receipt of that direction, a business shall not delete the personal information for 90 days, in order to allow the law enforcement agency to obtain a court order or subpoena to obtain the consumers personal information.(B) A business that has received direction from a law enforcement agency not to delete a consumers personal information that otherwise would not be permissible to retain or disclose pursuant to this section shall not use or disclose the consumers personal information for any purpose except in response to a court order or subpoena.(4) To cooperate with a law enforcement agency concerning conduct or activity that the business reasonably and in good faith believes to violate federal, state, or local law.(5) To cooperate with a government agency request for emergency access to a consumers personal information if a natural person is at imminent risk of death or serious physical injury, provided that all of the following are met:(A) The request is approved by a high-ranking agency officer for emergency access to a consumers personal information.(B) The request is based on the agencys good faith determination that it has a lawful basis to access the information on a nonemergency basis.(C) The agency agrees to petition a court for an appropriate order within three days and to destroy the information if that order is not granted.(6) To exercise or defend a legal claim.(c) For purposes of this section, personal information has the same meaning as in Section 1798.140 of the Civil Code.(d) For purposes of this section, proctoring services includes, but is not limited to, services offered by a business to observe, monitor, or administer an exam.
5263
5364 CHAPTER 22.2.7. Student Test Taker Privacy Protection Act
5465
5566 CHAPTER 22.2.7. Student Test Taker Privacy Protection Act
5667
5768 22588. (a) Notwithstanding Section 22584 of the Business and Professions Code, a business providing proctoring services in an educational setting shall collect, use, retain, and disclose only the personal information strictly necessary to provide those services.(b) This section shall not prohibit a business from collecting, using, retaining, or disclosing personal information if doing so is necessary for any of the following:(1) To comply with federal, state, or local law.(2) To comply with a court order or subpoena.(3) To comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by a federal, state, or local agency authorized by law to conduct that inquiry or investigation, or authorized to serve a subpoena or summons, as applicable.(A) A law enforcement agency may direct a business, pursuant to a law enforcement agency-approved investigation with an active case number, not to delete a consumers personal information, and, upon receipt of that direction, a business shall not delete the personal information for 90 days, in order to allow the law enforcement agency to obtain a court order or subpoena to obtain the consumers personal information.(B) A business that has received direction from a law enforcement agency not to delete a consumers personal information that otherwise would not be permissible to retain or disclose pursuant to this section shall not use or disclose the consumers personal information for any purpose except in response to a court order or subpoena.(4) To cooperate with a law enforcement agency concerning conduct or activity that the business reasonably and in good faith believes to violate federal, state, or local law.(5) To cooperate with a government agency request for emergency access to a consumers personal information if a natural person is at imminent risk of death or serious physical injury, provided that all of the following are met:(A) The request is approved by a high-ranking agency officer for emergency access to a consumers personal information.(B) The request is based on the agencys good faith determination that it has a lawful basis to access the information on a nonemergency basis.(C) The agency agrees to petition a court for an appropriate order within three days and to destroy the information if that order is not granted.(6) To exercise or defend a legal claim.(c) For purposes of this section, personal information has the same meaning as in Section 1798.140 of the Civil Code.(d) For purposes of this section, proctoring services includes, but is not limited to, services offered by a business to observe, monitor, or administer an exam.
5869
5970
6071
6172 22588. (a) Notwithstanding Section 22584 of the Business and Professions Code, a business providing proctoring services in an educational setting shall collect, use, retain, and disclose only the personal information strictly necessary to provide those services.
6273
6374 (b) This section shall not prohibit a business from collecting, using, retaining, or disclosing personal information if doing so is necessary for any of the following:
6475
6576 (1) To comply with federal, state, or local law.
6677
6778 (2) To comply with a court order or subpoena.
6879
6980 (3) To comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by a federal, state, or local agency authorized by law to conduct that inquiry or investigation, or authorized to serve a subpoena or summons, as applicable.
7081
7182 (A) A law enforcement agency may direct a business, pursuant to a law enforcement agency-approved investigation with an active case number, not to delete a consumers personal information, and, upon receipt of that direction, a business shall not delete the personal information for 90 days, in order to allow the law enforcement agency to obtain a court order or subpoena to obtain the consumers personal information.
7283
7384 (B) A business that has received direction from a law enforcement agency not to delete a consumers personal information that otherwise would not be permissible to retain or disclose pursuant to this section shall not use or disclose the consumers personal information for any purpose except in response to a court order or subpoena.
7485
7586 (4) To cooperate with a law enforcement agency concerning conduct or activity that the business reasonably and in good faith believes to violate federal, state, or local law.
7687
7788 (5) To cooperate with a government agency request for emergency access to a consumers personal information if a natural person is at imminent risk of death or serious physical injury, provided that all of the following are met:
7889
7990 (A) The request is approved by a high-ranking agency officer for emergency access to a consumers personal information.
8091
8192 (B) The request is based on the agencys good faith determination that it has a lawful basis to access the information on a nonemergency basis.
8293
8394 (C) The agency agrees to petition a court for an appropriate order within three days and to destroy the information if that order is not granted.
8495
8596 (6) To exercise or defend a legal claim.
8697
8798 (c) For purposes of this section, personal information has the same meaning as in Section 1798.140 of the Civil Code.
8899
89100 (d) For purposes of this section, proctoring services includes, but is not limited to, services offered by a business to observe, monitor, or administer an exam.
90101
91102 SEC. 2. The Legislature finds and declares that the chapter added to the Business and Professions Code by this act furthers the purpose and intent of the California Privacy Rights Act of 2020, enacted by Proposition 24 at the November 3, 2020, statewide election, within the meaning of Section 25 of Proposition 24.
92103
93104 SEC. 2. The Legislature finds and declares that the chapter added to the Business and Professions Code by this act furthers the purpose and intent of the California Privacy Rights Act of 2020, enacted by Proposition 24 at the November 3, 2020, statewide election, within the meaning of Section 25 of Proposition 24.
94105
95106 SEC. 2. The Legislature finds and declares that the chapter added to the Business and Professions Code by this act furthers the purpose and intent of the California Privacy Rights Act of 2020, enacted by Proposition 24 at the November 3, 2020, statewide election, within the meaning of Section 25 of Proposition 24.
96107
97108 ### SEC. 2.