Connie Conway
- Republican
Author
Existing law requires a business to take all reasonable steps to destroy, or arrange for the destruction of, a customer's records within its custody or control containing personal information that is no longer to be retained by the business by shredding, erasing, or otherwise modifying the personal information in those records to make it unreadable or undecipherable through any means. Existing law provides for specified civil remedies for a violation of these provisions. This bill would, instead, require a business to take all reasonable steps to dispose, or arrange for the disposal, of customer records within its custody or control containing personal information when the records are no longer to be retained by the business by taking any of the actions described above. The bill would exempt from these provisions information that is made available to the general public from federal, state, or local government records. The bill would provide that a cause of action shall not lie against a business that disposes of abandoned records containing personal information in accordance with these provisions. The bill would set forth findings regarding records that end up in the possession of a storage company or commercial landlord, and would provide that it is the intent of the Legislature to create a safe harbor for such a record custodian who properly disposes of the records. Existing law requires a landlord, if personal property remains on the premises after a tenancy or commercial tenancy has terminated and the premises have been vacated by the tenant, to give written notice to the tenant and to any other person the landlord reasonably believes to be the owner of the property, as specified. This bill would provide that, if the property consists of records, the tenant shall be presumed to be the owner of the records. This bill would define "records" as it relates to these provisions.
Chaptered by Secretary of State - Chapter 134, Statutes of 2009.
Approved by the Governor.
Enrolled and to the Governor at 2:30 p.m.
Senate amendments concurred in. To enrollment. (Ayes 75. Noes 0. Page 2472.)
Read third time, passed, and to Assembly. (Ayes 34. Noes 0. Page 1668.)
In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 11 pursuant to Assembly Rule 77.
Ordered to Special Consent Calendar.
Read second time, amended, and to third reading.
From committee: Amend, and do pass as amended. (Ayes 5. Noes 0.) (June 23).
Read third time, passed, and to Senate. (Ayes 79. Noes 0. Page 1723.)
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time, amended, and returned to third reading. (Page 1659.).
Read second time. To third reading.
From committee: Do pass. (Ayes 9. Noes 0.) (April 28).
From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.
In committee: Set, first hearing. Hearing canceled at the request of author.
From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.
Read first time.
From printer. May be heard in committee March 30.
Introduced. To print.
| Bill Text Versions | Format |
|---|---|
| AB1094 | HTML |
| 02/27/09 - Introduced | |
| 04/02/09 - Amended Assembly | |
| 04/21/09 - Amended Assembly | |
| 05/26/09 - Amended Assembly | |
| 06/30/09 - Amended Senate | |
| 07/15/09 - Enrolled | |
| 08/06/09 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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