| 1 | 1 | | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1546Introduced by Assembly Member GabrielFebruary 17, 2023 An act to amend Section 1798.199.90 of the Civil Code, relating to privacy.LEGISLATIVE COUNSEL'S DIGESTAB 1546, as introduced, Gabriel. California Consumer Privacy Act of 2018: statute of limitations.The California Consumer Privacy Act of 2018 (CCPA) grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined, including the right to request that a business delete personal information about the consumer that the business has collected from the consumer. 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 establishes the California Privacy Protection Agency with full administrative power, authority, and jurisdiction to implement and enforce the CCPA. The CCPA subjects a violator of its provisions to a certain administrative fine pursuant to an administrative action brought by the agency, as prescribed. The CCPA prohibits an administrative action from being commenced more than 5 years after the date on which a violation occurred. The CCPA also subjects a violator of its provisions to a civil penalty, as specified, to be assessed and recovered in a civil action brought by the Attorney General. Existing law generally requires an action upon a statute for a forfeiture or penalty to the people of the state to be commenced within one year.This bill would require an action by the Attorney General to enforce the CCPA to be commenced within 5 years after the cause of action accrued.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 1798.199.90 of the Civil Code is amended to read:1798.199.90. (a) Any business, service provider, contractor, or other person that violates this title shall be subject to an injunction and liable for a civil penalty of not more than two thousand five hundred dollars ($2,500) for each violation or seven thousand five hundred dollars ($7,500) for each intentional violation and each violation involving the personal information of minor consumers, as adjusted pursuant to paragraph (5) of subdivision (a) of Section 1798.185, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General. The court may consider the good faith cooperation of the business, service provider, contractor, or other person in determining the amount of the civil penalty.(b) Any civil penalty recovered by an action brought by the Attorney General for a violation of this title, and the proceeds of any settlement of any said action, shall be deposited in the Consumer Privacy Fund.(c) The agency shall, upon request by the Attorney General, stay an administrative action or investigation under this title to permit the Attorney General to proceed with an investigation or civil action and shall not pursue an administrative action or investigation, unless the Attorney General subsequently determines not to pursue an investigation or civil action. The agency may not limit the authority of the Attorney General to enforce this title.(d) No civil action may be filed by the Attorney General under this section for any a violation of this title after the agency has issued a decision pursuant to Section 1798.199.85 or an order pursuant to Section 1798.199.55 against that person for the same violation.(e) An action by the Attorney General to enforce this title shall be commenced within five years after the cause of action accrued.(e)(f) This section shall not affect the private right of action provided for in Section 1798.150. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1546Introduced by Assembly Member GabrielFebruary 17, 2023 An act to amend Section 1798.199.90 of the Civil Code, relating to privacy.LEGISLATIVE COUNSEL'S DIGESTAB 1546, as introduced, Gabriel. California Consumer Privacy Act of 2018: statute of limitations.The California Consumer Privacy Act of 2018 (CCPA) grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined, including the right to request that a business delete personal information about the consumer that the business has collected from the consumer. 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 establishes the California Privacy Protection Agency with full administrative power, authority, and jurisdiction to implement and enforce the CCPA. The CCPA subjects a violator of its provisions to a certain administrative fine pursuant to an administrative action brought by the agency, as prescribed. The CCPA prohibits an administrative action from being commenced more than 5 years after the date on which a violation occurred. The CCPA also subjects a violator of its provisions to a civil penalty, as specified, to be assessed and recovered in a civil action brought by the Attorney General. Existing law generally requires an action upon a statute for a forfeiture or penalty to the people of the state to be commenced within one year.This bill would require an action by the Attorney General to enforce the CCPA to be commenced within 5 years after the cause of action accrued.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 13 | 13 | | No. 1546 |
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| 15 | 15 | | Introduced by Assembly Member GabrielFebruary 17, 2023 |
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| 17 | 17 | | Introduced by Assembly Member Gabriel |
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| 18 | 18 | | February 17, 2023 |
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| 19 | 19 | | |
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| 20 | 20 | | An act to amend Section 1798.199.90 of the Civil Code, relating to privacy. |
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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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| 25 | 25 | | |
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| 26 | 26 | | AB 1546, as introduced, Gabriel. California Consumer Privacy Act of 2018: statute of limitations. |
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| 28 | 28 | | The California Consumer Privacy Act of 2018 (CCPA) grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined, including the right to request that a business delete personal information about the consumer that the business has collected from the consumer. 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 establishes the California Privacy Protection Agency with full administrative power, authority, and jurisdiction to implement and enforce the CCPA. The CCPA subjects a violator of its provisions to a certain administrative fine pursuant to an administrative action brought by the agency, as prescribed. The CCPA prohibits an administrative action from being commenced more than 5 years after the date on which a violation occurred. The CCPA also subjects a violator of its provisions to a civil penalty, as specified, to be assessed and recovered in a civil action brought by the Attorney General. Existing law generally requires an action upon a statute for a forfeiture or penalty to the people of the state to be commenced within one year.This bill would require an action by the Attorney General to enforce the CCPA to be commenced within 5 years after the cause of action accrued. |
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| 30 | 30 | | The California Consumer Privacy Act of 2018 (CCPA) grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined, including the right to request that a business delete personal information about the consumer that the business has collected from the consumer. 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 establishes the California Privacy Protection Agency with full administrative power, authority, and jurisdiction to implement and enforce the CCPA. The CCPA subjects a violator of its provisions to a certain administrative fine pursuant to an administrative action brought by the agency, as prescribed. The CCPA prohibits an administrative action from being commenced more than 5 years after the date on which a violation occurred. The CCPA also subjects a violator of its provisions to a civil penalty, as specified, to be assessed and recovered in a civil action brought by the Attorney General. Existing law generally requires an action upon a statute for a forfeiture or penalty to the people of the state to be commenced within one year. |
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| 32 | 32 | | This bill would require an action by the Attorney General to enforce the CCPA to be commenced within 5 years after the cause of action accrued. |
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| 33 | 33 | | |
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| 34 | 34 | | ## Digest Key |
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| 36 | 36 | | ## Bill Text |
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| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. Section 1798.199.90 of the Civil Code is amended to read:1798.199.90. (a) Any business, service provider, contractor, or other person that violates this title shall be subject to an injunction and liable for a civil penalty of not more than two thousand five hundred dollars ($2,500) for each violation or seven thousand five hundred dollars ($7,500) for each intentional violation and each violation involving the personal information of minor consumers, as adjusted pursuant to paragraph (5) of subdivision (a) of Section 1798.185, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General. The court may consider the good faith cooperation of the business, service provider, contractor, or other person in determining the amount of the civil penalty.(b) Any civil penalty recovered by an action brought by the Attorney General for a violation of this title, and the proceeds of any settlement of any said action, shall be deposited in the Consumer Privacy Fund.(c) The agency shall, upon request by the Attorney General, stay an administrative action or investigation under this title to permit the Attorney General to proceed with an investigation or civil action and shall not pursue an administrative action or investigation, unless the Attorney General subsequently determines not to pursue an investigation or civil action. The agency may not limit the authority of the Attorney General to enforce this title.(d) No civil action may be filed by the Attorney General under this section for any a violation of this title after the agency has issued a decision pursuant to Section 1798.199.85 or an order pursuant to Section 1798.199.55 against that person for the same violation.(e) An action by the Attorney General to enforce this title shall be commenced within five years after the cause of action accrued.(e)(f) This section shall not affect the private right of action provided for in Section 1798.150. |
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| 40 | 40 | | The people of the State of California do enact as follows: |
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| 42 | 42 | | ## The people of the State of California do enact as follows: |
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| 44 | 44 | | SECTION 1. Section 1798.199.90 of the Civil Code is amended to read:1798.199.90. (a) Any business, service provider, contractor, or other person that violates this title shall be subject to an injunction and liable for a civil penalty of not more than two thousand five hundred dollars ($2,500) for each violation or seven thousand five hundred dollars ($7,500) for each intentional violation and each violation involving the personal information of minor consumers, as adjusted pursuant to paragraph (5) of subdivision (a) of Section 1798.185, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General. The court may consider the good faith cooperation of the business, service provider, contractor, or other person in determining the amount of the civil penalty.(b) Any civil penalty recovered by an action brought by the Attorney General for a violation of this title, and the proceeds of any settlement of any said action, shall be deposited in the Consumer Privacy Fund.(c) The agency shall, upon request by the Attorney General, stay an administrative action or investigation under this title to permit the Attorney General to proceed with an investigation or civil action and shall not pursue an administrative action or investigation, unless the Attorney General subsequently determines not to pursue an investigation or civil action. The agency may not limit the authority of the Attorney General to enforce this title.(d) No civil action may be filed by the Attorney General under this section for any a violation of this title after the agency has issued a decision pursuant to Section 1798.199.85 or an order pursuant to Section 1798.199.55 against that person for the same violation.(e) An action by the Attorney General to enforce this title shall be commenced within five years after the cause of action accrued.(e)(f) This section shall not affect the private right of action provided for in Section 1798.150. |
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| 46 | 46 | | SECTION 1. Section 1798.199.90 of the Civil Code is amended to read: |
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| 48 | 48 | | ### SECTION 1. |
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| 50 | 50 | | 1798.199.90. (a) Any business, service provider, contractor, or other person that violates this title shall be subject to an injunction and liable for a civil penalty of not more than two thousand five hundred dollars ($2,500) for each violation or seven thousand five hundred dollars ($7,500) for each intentional violation and each violation involving the personal information of minor consumers, as adjusted pursuant to paragraph (5) of subdivision (a) of Section 1798.185, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General. The court may consider the good faith cooperation of the business, service provider, contractor, or other person in determining the amount of the civil penalty.(b) Any civil penalty recovered by an action brought by the Attorney General for a violation of this title, and the proceeds of any settlement of any said action, shall be deposited in the Consumer Privacy Fund.(c) The agency shall, upon request by the Attorney General, stay an administrative action or investigation under this title to permit the Attorney General to proceed with an investigation or civil action and shall not pursue an administrative action or investigation, unless the Attorney General subsequently determines not to pursue an investigation or civil action. The agency may not limit the authority of the Attorney General to enforce this title.(d) No civil action may be filed by the Attorney General under this section for any a violation of this title after the agency has issued a decision pursuant to Section 1798.199.85 or an order pursuant to Section 1798.199.55 against that person for the same violation.(e) An action by the Attorney General to enforce this title shall be commenced within five years after the cause of action accrued.(e)(f) This section shall not affect the private right of action provided for in Section 1798.150. |
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| 52 | 52 | | 1798.199.90. (a) Any business, service provider, contractor, or other person that violates this title shall be subject to an injunction and liable for a civil penalty of not more than two thousand five hundred dollars ($2,500) for each violation or seven thousand five hundred dollars ($7,500) for each intentional violation and each violation involving the personal information of minor consumers, as adjusted pursuant to paragraph (5) of subdivision (a) of Section 1798.185, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General. The court may consider the good faith cooperation of the business, service provider, contractor, or other person in determining the amount of the civil penalty.(b) Any civil penalty recovered by an action brought by the Attorney General for a violation of this title, and the proceeds of any settlement of any said action, shall be deposited in the Consumer Privacy Fund.(c) The agency shall, upon request by the Attorney General, stay an administrative action or investigation under this title to permit the Attorney General to proceed with an investigation or civil action and shall not pursue an administrative action or investigation, unless the Attorney General subsequently determines not to pursue an investigation or civil action. The agency may not limit the authority of the Attorney General to enforce this title.(d) No civil action may be filed by the Attorney General under this section for any a violation of this title after the agency has issued a decision pursuant to Section 1798.199.85 or an order pursuant to Section 1798.199.55 against that person for the same violation.(e) An action by the Attorney General to enforce this title shall be commenced within five years after the cause of action accrued.(e)(f) This section shall not affect the private right of action provided for in Section 1798.150. |
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| 54 | 54 | | 1798.199.90. (a) Any business, service provider, contractor, or other person that violates this title shall be subject to an injunction and liable for a civil penalty of not more than two thousand five hundred dollars ($2,500) for each violation or seven thousand five hundred dollars ($7,500) for each intentional violation and each violation involving the personal information of minor consumers, as adjusted pursuant to paragraph (5) of subdivision (a) of Section 1798.185, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General. The court may consider the good faith cooperation of the business, service provider, contractor, or other person in determining the amount of the civil penalty.(b) Any civil penalty recovered by an action brought by the Attorney General for a violation of this title, and the proceeds of any settlement of any said action, shall be deposited in the Consumer Privacy Fund.(c) The agency shall, upon request by the Attorney General, stay an administrative action or investigation under this title to permit the Attorney General to proceed with an investigation or civil action and shall not pursue an administrative action or investigation, unless the Attorney General subsequently determines not to pursue an investigation or civil action. The agency may not limit the authority of the Attorney General to enforce this title.(d) No civil action may be filed by the Attorney General under this section for any a violation of this title after the agency has issued a decision pursuant to Section 1798.199.85 or an order pursuant to Section 1798.199.55 against that person for the same violation.(e) An action by the Attorney General to enforce this title shall be commenced within five years after the cause of action accrued.(e)(f) This section shall not affect the private right of action provided for in Section 1798.150. |
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| 58 | 58 | | 1798.199.90. (a) Any business, service provider, contractor, or other person that violates this title shall be subject to an injunction and liable for a civil penalty of not more than two thousand five hundred dollars ($2,500) for each violation or seven thousand five hundred dollars ($7,500) for each intentional violation and each violation involving the personal information of minor consumers, as adjusted pursuant to paragraph (5) of subdivision (a) of Section 1798.185, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General. The court may consider the good faith cooperation of the business, service provider, contractor, or other person in determining the amount of the civil penalty. |
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| 60 | 60 | | (b) Any civil penalty recovered by an action brought by the Attorney General for a violation of this title, and the proceeds of any settlement of any said action, shall be deposited in the Consumer Privacy Fund. |
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| 62 | 62 | | (c) The agency shall, upon request by the Attorney General, stay an administrative action or investigation under this title to permit the Attorney General to proceed with an investigation or civil action and shall not pursue an administrative action or investigation, unless the Attorney General subsequently determines not to pursue an investigation or civil action. The agency may not limit the authority of the Attorney General to enforce this title. |
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| 64 | 64 | | (d) No civil action may be filed by the Attorney General under this section for any a violation of this title after the agency has issued a decision pursuant to Section 1798.199.85 or an order pursuant to Section 1798.199.55 against that person for the same violation. |
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| 66 | 66 | | (e) An action by the Attorney General to enforce this title shall be commenced within five years after the cause of action accrued. |
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| 68 | 68 | | (e) |
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| 72 | 72 | | (f) This section shall not affect the private right of action provided for in Section 1798.150. |
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