Ed Chau
- Democratic
Author
The California Constitution grants a right of privacy. Existing law provides for the confidentiality of personal information in various contexts and requires a business or person that suffers a breach of security of computerized data that includes personal information, as defined, to disclose that breach, as specified. This bill would enact the California Consumer Privacy Act of 2018. Beginning January 1, 2020, the bill would grant a consumer a right to request a business to disclose the categories and specific pieces of personal information that it collects about the consumer, the categories of sources from which that information is collected, the business purposes for collecting or selling the information, and the categories of 3rd parties with which the information is shared. The bill would require a business to make disclosures about the information and the purposes for which it is used. The bill would grant a consumer the right to request deletion of personal information and would require the business to delete upon receipt of a verified request, as specified. The bill would grant a consumer a right to request that a business that sells the consumer's personal information, or discloses it for a business purpose, disclose the categories of information that it collects and categories of information and the identity of 3rd parties to which the information was sold or disclosed. The bill would require a business to provide this information in response to a verifiable consumer request. The bill would authorize a consumer to opt out of the sale of personal information by a business and would prohibit the business from discriminating against the consumer for exercising this right, including by charging the consumer who opts out a different price or providing the consumer a different quality of goods or services, except if the difference is reasonably related to value provided by the consumer's data. The bill would authorize businesses to offer financial incentives for collection of personal information. The bill would prohibit a business from selling the personal information of a consumer under 16 years of age, unless affirmatively authorized, as specified, to be referred to as the right to opt in. The bill would prescribe requirements for receiving, processing, and satisfying these requests from consumers. The bill would prescribe various definitions for its purposes and would define "personal information" with reference to a broad list of characteristics and behaviors, personal and commercial, as well as inferences drawn from this information. The bill would prohibit the provisions described above from restricting the ability of the business to comply with federal, state, or local laws, among other things. The bill would provide for its enforcement by the Attorney General, as specified, and would provide a private right of action in connection with certain unauthorized access and exfiltration, theft, or disclosure of a consumer's nonencrypted or nonredacted personal information, as defined. The bill would prescribe a method for distribution of proceeds of Attorney General actions. The bill would create the Consumer Privacy Fund in the General Fund with the moneys in the fund, upon appropriation by the Legislature, to be applied to support the purposes of the bill and its enforcement. The bill would provide for the deposit of penalty money into the fund. The bill would require the Attorney General to solicit public participation for the purpose of adopting regulations, as specified. The bill would authorize a business, service provider, or 3rd party to seek the Attorney General's opinion on how to comply with its provisions. The bill would void a waiver of a consumer's rights under its provisions. The bill would condition its operation on the withdrawal of a specified initiative from the ballot.
From committee: That the measure be returned to Senate Floor for consideration. (Ayes 6. Noes 1.) (June 28)
Chaptered by Secretary of State - Chapter 55, Statutes of 2018.
Approved by the Governor.
Enrolled and presented to the Governor at 1:30 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 73. Noes 0. Page 6032.).
Assembly Rule 63 suspended. (Ayes 54. Noes 22. Page 6031.)
Assembly Rule 77 suspended. (Ayes 54. Noes 22. Page 6031.)
In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 30 pursuant to Assembly Rule 77.
Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 4967.).
From committee: Pursuant to Senate Rule 29.10 that the measure be re-referred to Com. on APPR. pursuant to Joint Rule 10.5. (Ayes 5. Noes 0.) (June 26).
From committee: Be re-referred to Com. on JUD. pursuant to Senate Rule 29.10(b). (Ayes 4. Noes 0.) Re-referred to Com. on JUD.
Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(b).
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
Ordered to second reading.
From inactive file.
Ordered to inactive file at the request of Senator McGuire.
Ordered to second reading.
Withdrawn from committee.
Read second time. Ordered to third reading.
(Ayes 24. Noes 11. Page 2944.)
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.
Senate Rule 29.3(b) suspended. (Ayes 25. Noes 13. Page 2730.)
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.
From committee: Do pass and re-refer to Com. on RLS. (Ayes 5. Noes 2.) (July 18). Re-referred to Com. on RLS.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 9. Noes 1.) (July 18). Re-referred to Com. on JUD.
Withdrawn from committee.
Re-referred to Coms. on B., P. & E.D., E., U. & C., and JUD.
Withdrawn from committee.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1483.)
Read second time. Ordered to Consent Calendar.
From committee: Do pass. To Consent Calendar. (Ayes 10. Noes 0.) (May 2).
From committee chair, with author's amendments: Amend, and re-refer to Com. on P. & C.P. Read second time and amended.
In committee: Hearing postponed by committee.
In committee: Set, first hearing. Hearing canceled at the request of author.
In committee: Hearing postponed by committee.
Referred to Coms. on P. & C.P. and C. & C.
From printer. May be heard in committee March 12.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB375 | HTML |
| 02/09/17 - Introduced | |
| 04/27/17 - Amended Assembly | |
| 06/19/17 - Amended Senate | |
| 08/21/17 - Amended Senate | |
| 09/12/17 - Amended Senate | |
| 06/21/18 - Amended Senate | |
| 06/25/18 - Amended Senate | |
| 06/28/18 - Enrolled | |
| 06/28/18 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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