Amended IN Assembly April 10, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3048Introduced by Assembly Member LowenthalFebruary 16, 2024 An act to add Section 1798.136 to the Civil Code, relating to privacy.LEGISLATIVE COUNSEL'S DIGESTAB 3048, as amended, Lowenthal. California Consumer Privacy Act of 2018: opt-out preference signal.The California Consumer Privacy Act of 2018 (CCPA) grants a consumer various rights with respect to personal information that is collected or sold by a business, as defined, including the right 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, as specified. 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 and establishes the California Privacy Protection Agency (agency) and vests the agency with full administrative power, authority, and jurisdiction to enforce the CCPA.This bill would prohibit a business from developing or maintaining a browser through which a consumer interacts with a business that does not include a setting that enables the a consumer to send an opt-out preference signal to that a business with which the consumer interacts through the browser and would prohibit a business from developing or maintaining a device through which a consumer interacts with a business that does not include a setting that enables the consumer to send an opt-out preference signal to that business pursuant to regulations adopted by the California Privacy Protection Agency. The bill would also authorize the agency to adopt regulations as necessary to implement and administer those provisions, including to update the definitions of browser and device to address changes in technology, data collection, obstacles to implementation, or privacy concerns.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: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1798.136 is added to the Civil Code, to read:1798.136. (a) (1) A business shall not develop or maintain a browser through which a consumer interacts with a business that does not include a setting that enables the a consumer to send an opt-out preference signal to that business. a business with which the consumer interacts through the browser.(2) The setting required by paragraph (1) shall be easy to locate and use. for a reasonable person to locate and enable.(b) A business shall not develop or maintain a device through which a consumer interacts with a business that does not include a setting that enables the consumer to send an opt-out preference signal to that business pursuant to regulations adopted by the California Privacy Protection Agency.(c) The California Privacy Protection Agency may adopt regulations as necessary to implement and administer this section, including to update the definitions of browser and device to address changes in technology, data collection, obstacles to implementation, or privacy concerns.(d) As used in this section, browser means a an interactive software application for accessing that is primarily used by consumers to access internet websites and information on the internet. websites.SEC. 2. The Legislature finds and declares that this act furthers the purposes and intent of the California Privacy Rights Act of 2020.
Amended IN Assembly April 10, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3048Introduced by Assembly Member LowenthalFebruary 16, 2024 An act to add Section 1798.136 to the Civil Code, relating to privacy.LEGISLATIVE COUNSEL'S DIGESTAB 3048, as amended, Lowenthal. California Consumer Privacy Act of 2018: opt-out preference signal.The California Consumer Privacy Act of 2018 (CCPA) grants a consumer various rights with respect to personal information that is collected or sold by a business, as defined, including the right 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, as specified. 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 and establishes the California Privacy Protection Agency (agency) and vests the agency with full administrative power, authority, and jurisdiction to enforce the CCPA.This bill would prohibit a business from developing or maintaining a browser through which a consumer interacts with a business that does not include a setting that enables the a consumer to send an opt-out preference signal to that a business with which the consumer interacts through the browser and would prohibit a business from developing or maintaining a device through which a consumer interacts with a business that does not include a setting that enables the consumer to send an opt-out preference signal to that business pursuant to regulations adopted by the California Privacy Protection Agency. The bill would also authorize the agency to adopt regulations as necessary to implement and administer those provisions, including to update the definitions of browser and device to address changes in technology, data collection, obstacles to implementation, or privacy concerns.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: YES Local Program: NO
Amended IN Assembly April 10, 2024
Amended IN Assembly April 10, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 3048
Introduced by Assembly Member LowenthalFebruary 16, 2024
Introduced by Assembly Member Lowenthal
February 16, 2024
An act to add Section 1798.136 to the Civil Code, relating to privacy.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 3048, as amended, Lowenthal. California Consumer Privacy Act of 2018: opt-out preference signal.
The California Consumer Privacy Act of 2018 (CCPA) grants a consumer various rights with respect to personal information that is collected or sold by a business, as defined, including the right 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, as specified. 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 and establishes the California Privacy Protection Agency (agency) and vests the agency with full administrative power, authority, and jurisdiction to enforce the CCPA.This bill would prohibit a business from developing or maintaining a browser through which a consumer interacts with a business that does not include a setting that enables the a consumer to send an opt-out preference signal to that a business with which the consumer interacts through the browser and would prohibit a business from developing or maintaining a device through which a consumer interacts with a business that does not include a setting that enables the consumer to send an opt-out preference signal to that business pursuant to regulations adopted by the California Privacy Protection Agency. The bill would also authorize the agency to adopt regulations as necessary to implement and administer those provisions, including to update the definitions of browser and device to address changes in technology, data collection, obstacles to implementation, or privacy concerns.This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.
The California Consumer Privacy Act of 2018 (CCPA) grants a consumer various rights with respect to personal information that is collected or sold by a business, as defined, including the right 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, as specified. 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 and establishes the California Privacy Protection Agency (agency) and vests the agency with full administrative power, authority, and jurisdiction to enforce the CCPA.
This bill would prohibit a business from developing or maintaining a browser through which a consumer interacts with a business that does not include a setting that enables the a consumer to send an opt-out preference signal to that a business with which the consumer interacts through the browser and would prohibit a business from developing or maintaining a device through which a consumer interacts with a business that does not include a setting that enables the consumer to send an opt-out preference signal to that business pursuant to regulations adopted by the California Privacy Protection Agency. The bill would also authorize the agency to adopt regulations as necessary to implement and administer those provisions, including to update the definitions of browser and device to address changes in technology, data collection, obstacles to implementation, or privacy concerns.
This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1798.136 is added to the Civil Code, to read:1798.136. (a) (1) A business shall not develop or maintain a browser through which a consumer interacts with a business that does not include a setting that enables the a consumer to send an opt-out preference signal to that business. a business with which the consumer interacts through the browser.(2) The setting required by paragraph (1) shall be easy to locate and use. for a reasonable person to locate and enable.(b) A business shall not develop or maintain a device through which a consumer interacts with a business that does not include a setting that enables the consumer to send an opt-out preference signal to that business pursuant to regulations adopted by the California Privacy Protection Agency.(c) The California Privacy Protection Agency may adopt regulations as necessary to implement and administer this section, including to update the definitions of browser and device to address changes in technology, data collection, obstacles to implementation, or privacy concerns.(d) As used in this section, browser means a an interactive software application for accessing that is primarily used by consumers to access internet websites and information on the internet. websites.SEC. 2. The Legislature finds and declares that this act furthers the purposes and intent of the California Privacy Rights Act of 2020.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1798.136 is added to the Civil Code, to read:1798.136. (a) (1) A business shall not develop or maintain a browser through which a consumer interacts with a business that does not include a setting that enables the a consumer to send an opt-out preference signal to that business. a business with which the consumer interacts through the browser.(2) The setting required by paragraph (1) shall be easy to locate and use. for a reasonable person to locate and enable.(b) A business shall not develop or maintain a device through which a consumer interacts with a business that does not include a setting that enables the consumer to send an opt-out preference signal to that business pursuant to regulations adopted by the California Privacy Protection Agency.(c) The California Privacy Protection Agency may adopt regulations as necessary to implement and administer this section, including to update the definitions of browser and device to address changes in technology, data collection, obstacles to implementation, or privacy concerns.(d) As used in this section, browser means a an interactive software application for accessing that is primarily used by consumers to access internet websites and information on the internet. websites.
SECTION 1. Section 1798.136 is added to the Civil Code, to read:
### SECTION 1.
1798.136. (a) (1) A business shall not develop or maintain a browser through which a consumer interacts with a business that does not include a setting that enables the a consumer to send an opt-out preference signal to that business. a business with which the consumer interacts through the browser.(2) The setting required by paragraph (1) shall be easy to locate and use. for a reasonable person to locate and enable.(b) A business shall not develop or maintain a device through which a consumer interacts with a business that does not include a setting that enables the consumer to send an opt-out preference signal to that business pursuant to regulations adopted by the California Privacy Protection Agency.(c) The California Privacy Protection Agency may adopt regulations as necessary to implement and administer this section, including to update the definitions of browser and device to address changes in technology, data collection, obstacles to implementation, or privacy concerns.(d) As used in this section, browser means a an interactive software application for accessing that is primarily used by consumers to access internet websites and information on the internet. websites.
1798.136. (a) (1) A business shall not develop or maintain a browser through which a consumer interacts with a business that does not include a setting that enables the a consumer to send an opt-out preference signal to that business. a business with which the consumer interacts through the browser.(2) The setting required by paragraph (1) shall be easy to locate and use. for a reasonable person to locate and enable.(b) A business shall not develop or maintain a device through which a consumer interacts with a business that does not include a setting that enables the consumer to send an opt-out preference signal to that business pursuant to regulations adopted by the California Privacy Protection Agency.(c) The California Privacy Protection Agency may adopt regulations as necessary to implement and administer this section, including to update the definitions of browser and device to address changes in technology, data collection, obstacles to implementation, or privacy concerns.(d) As used in this section, browser means a an interactive software application for accessing that is primarily used by consumers to access internet websites and information on the internet. websites.
1798.136. (a) (1) A business shall not develop or maintain a browser through which a consumer interacts with a business that does not include a setting that enables the a consumer to send an opt-out preference signal to that business. a business with which the consumer interacts through the browser.(2) The setting required by paragraph (1) shall be easy to locate and use. for a reasonable person to locate and enable.(b) A business shall not develop or maintain a device through which a consumer interacts with a business that does not include a setting that enables the consumer to send an opt-out preference signal to that business pursuant to regulations adopted by the California Privacy Protection Agency.(c) The California Privacy Protection Agency may adopt regulations as necessary to implement and administer this section, including to update the definitions of browser and device to address changes in technology, data collection, obstacles to implementation, or privacy concerns.(d) As used in this section, browser means a an interactive software application for accessing that is primarily used by consumers to access internet websites and information on the internet. websites.
1798.136. (a) (1) A business shall not develop or maintain a browser through which a consumer interacts with a business that does not include a setting that enables the a consumer to send an opt-out preference signal to that business. a business with which the consumer interacts through the browser.
(2) The setting required by paragraph (1) shall be easy to locate and use. for a reasonable person to locate and enable.
(b) A business shall not develop or maintain a device through which a consumer interacts with a business that does not include a setting that enables the consumer to send an opt-out preference signal to that business pursuant to regulations adopted by the California Privacy Protection Agency.
(c) The California Privacy Protection Agency may adopt regulations as necessary to implement and administer this section, including to update the definitions of browser and device to address changes in technology, data collection, obstacles to implementation, or privacy concerns.
(d) As used in this section, browser means a an interactive software application for accessing that is primarily used by consumers to access internet websites and information on the internet. websites.
SEC. 2. The Legislature finds and declares that this act furthers the purposes and intent of the California Privacy Rights Act of 2020.
SEC. 2. The Legislature finds and declares that this act furthers the purposes and intent of the California Privacy Rights Act of 2020.
SEC. 2. The Legislature finds and declares that this act furthers the purposes and intent of the California Privacy Rights Act of 2020.
### SEC. 2.