SB 1121

  • California Senate Bill
  • 2017-2018 Regular Session
  • Introduced in Senate Feb 13, 2018
  • Passed Senate May 30, 2018
  • Passed Assembly Aug 31, 2018
  • Signed by Governor Sep 23, 2018

California Consumer Privacy Act of 2018.

Abstract

(1) Existing law, the California Consumer Privacy Act of 2018, grants, commencing on January 1, 2020, a consumer various rights with regard to personal information relating to that consumer that is held by a business, including the right to request a business to delete any personal information about the consumer collected by the business, and requires the business to comply with a verifiable consumer request to that effect, unless it is necessary for the business or service provider to maintain the customer's personal information in order to carry out specified acts. The act requires a business that collects personal information about a consumer to disclose the consumer's right to delete personal information described above on its Internet Web site or in its online privacy policy or policies. This bill would modify that requirement by requiring a business that collects personal information about a consumer to disclose the consumer's right to delete personal information in a form that is reasonably accessible to consumers and in accordance with a specified process. (2) The act establishes several exceptions to the requirements imposed, and rights granted, by the act, including prohibiting the act from being interpreted to restrict the ability of a business to comply with federal, state, or local laws, and by providing that the act does not apply if it is in conflict with the California Constitution. This bill would provide that the rights afforded to consumers and the obligations imposed on any business under the act does not apply if those rights or obligations would infringe on the noncommercial activities of people and entities described in a specified provision of the California Constitution addressing activities related to newspapers and periodicals. The bill would also prohibit application of the act to personal information collected, processed, sold, or disclosed pursuant to a specified federal law relating to banks, brokerages, insurance companies, and credit reporting agencies, among others, and would also except application of the act to that information pursuant to the California Financial Information Privacy Act. The bill would provide that these exceptions, and the exception provided to information collected, processed, sold, or disclosed pursuant to the Driver's Privacy Protection Act of 1994, do not apply to specific provisions of the act related to unauthorized theft and disclosure of information. The bill would revise and expand the exception provided for medical information, would except a provider of health care or a covered entity, and would also except information collected as part of clinical trials, as specified. The bill would also clarify that the act does not apply if it is in conflict with the United States Constitution. (3) The act generally provides for its enforcement by the Attorney General, but also provides for 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 for this purpose, provided that the consumer bringing an action notify the Attorney General of the action in accordance with a specified process. The act provides that a business, service provider, or other person who violates its provisions, and fails to cure those violations within 30 days, is liable for a civil penalty under laws relating to unfair competition in an action to be brought by the Attorney General. The act prescribes a formula for allocating civil penalties and settlements assessed in these actions with 80% to be allocated to the jurisdictions of the behalf of which the action was brought. This bill would clarify that the only private right of action permitted under the act is the private right of action described above for violations of unauthorized access and exfiltration, theft, or disclosure of a consumer's nonencrypted or nonredacted personal information and would delete the requirement that a consumer bringing a private right of action notify the Attorney General. The bill would remove references to laws relating to unfair competition in connection with Attorney General actions described above. The bill would limit the civil penalty to be assessed in an Attorney General action in this context to not more than $2,500 per violation or $7,500 per each intentional violation and would specify that an injunction is also available as remedy. The bill would eliminate the formula for allocating penalties and settlements and would instead provide that all of these moneys be deposited in the Consumer Privacy Fund with the intent to offset costs incurred by the courts and the Attorney General in connection with the act. The bill would also revise timelines and requirements regarding the promulgation of regulations by the Attorney General in connection with the act. (4) The act makes its provisions operative on January 1, 2020, provided a specified contingency is satisfied. Provisions of the act supersede and preempt laws adopted by local entities regarding the collection and sale of a consumer's personal information by a business. This bill would make the provisions of the act that supersede and preempt laws adopted by local entities, as described above, operative on the date the bill becomes effective. (5) This bill would also make various technical and clarifying changes to the act. (6) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Sponsors (3)

Votes


Actions


Sep 23, 2018

California State Legislature

Approved by the Governor.

California State Legislature

Chaptered by Secretary of State. Chapter 735, Statutes of 2018.

Sep 12, 2018

California State Legislature

Enrolled and presented to the Governor at 5 p.m.

Aug 31, 2018

Senate

From committee: That the Assembly amendments be concurred in. (Ayes 7. Noes 0. Page 6200.)

Senate

From committee: Be re-referred to Com. on JUD. pursuant to Senate Rule 29.10(d). (Ayes 5. Noes 0. Page 6189.) Re-referred to Com. on JUD.

  • Committee-Passage
  • Referral-Committee
Com. on JUD. pursuant to Senate Rule 29.10(d). (Ayes 5. Noes 0. Page 6189.) Re-referred to Com. on JUD.

Senate

Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(d).

  • Referral-Committee
Com. on RLS. pursuant to Senate Rule 29.10(d).

Senate

In Senate. Concurrence in Assembly amendments pending.

Assembly

Read third time. Urgency clause adopted. Passed. Ordered to the Senate.

Assembly

Assembly Rule 63 suspended.

Assembly

Read second time. Ordered to third reading.

Assembly

From committee: Do pass. (Ayes 12. Noes 0.) (August 31).

Assembly

Joint Rule 62(a) suspended.

Senate

Assembly amendments concurred in. (Ayes 39. Noes 0. Page 6194.) Ordered to engrossing and enrolling.

Senate

Urgency clause adopted.

Aug 29, 2018

Assembly

August 29 hearing postponed by committee.

Aug 28, 2018

Assembly

From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (August 28). Re-referred to Com. on APPR.

  • Committee-Passage-Favorable
  • Committee-Passage
  • Referral-Committee
Com. on APPR.

Aug 27, 2018

Assembly

From committee with author's amendments. Read second time and amended. Re-referred to Com. on P. & C.P.

  • Reading-2
  • Referral-Committee
  • Amendment-Passage
  • Committee-Passage
  • Reading-1
Com. on P. & C.P.

Aug 24, 2018

Assembly

Assembly Rule 69 suspended. (Ayes 50. Noes 24. Page 6563.)

Assembly

Re-referred to Coms. on P. & C.P. and APPR. pursuant to Assembly Rule 77.2.

  • Referral-Committee
Coms. on P. & C.P. and APPR. pursuant to Assembly Rule 77.2.

Assembly

Ordered to third reading.

Assembly

Read third time and amended. (Ayes 65. Noes 0. Page 6564.)

Aug 07, 2018

Assembly

Read second time. Ordered to third reading.

Aug 06, 2018

Assembly

Read second time and amended. Ordered to second reading.

Jul 05, 2018

Assembly

From committee: Do pass as amended. (Ayes 9. Noes 0.) (July 3).

Jun 19, 2018

Assembly

From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 6. Noes 3.) (June 19). Re-referred to Com. on P. & C.P.

  • Committee-Passage-Favorable
  • Committee-Passage
  • Referral-Committee
Com. on P. & C.P.

Jun 14, 2018

Assembly

From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  • Reading-2
  • Referral-Committee
  • Amendment-Passage
  • Committee-Passage
  • Reading-1
Com. on JUD.

Jun 11, 2018

Assembly

Re-referred to Coms. on JUD. and P. & C.P. pursuant to Assembly Rule 96.

  • Referral-Committee
Coms. on JUD. and P. & C.P. pursuant to Assembly Rule 96.

Jun 07, 2018

Assembly

Referred to Coms. on P. & C.P. and JUD.

  • Referral-Committee
Coms. on P. & C.P. and JUD.

May 31, 2018

Assembly

In Assembly. Read first time. Held at Desk.

May 30, 2018

Senate

Read third time. Passed. (Ayes 22. Noes 13. Page 4395.) Ordered to the Assembly.

May 29, 2018

Senate

Read second time. Ordered to third reading.

May 25, 2018

Senate

Read second time and amended. Ordered to second reading.

Senate

From committee: Do pass as amended. (Ayes 5. Noes 2. Page 4304.) (May 25).

May 18, 2018

Senate

Set for hearing May 25.

May 14, 2018

Senate

May 14 hearing: Placed on APPR. suspense file.

May 04, 2018

Senate

Set for hearing May 14.

Apr 26, 2018

Senate

Read second time and amended. Re-referred to Com. on APPR.

  • Amendment-Passage
  • Reading-2
  • Referral-Committee
  • Reading-1
Com. on APPR.

Apr 25, 2018

Senate

From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 4814.) (April 24).

Apr 11, 2018

Senate

Set for hearing April 24.

Apr 10, 2018

Senate

May 1 set for first hearing canceled at the request of author.

Senate

Set for hearing May 1.

Apr 09, 2018

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  • Reading-2
  • Referral-Committee
  • Amendment-Passage
  • Committee-Passage
  • Reading-1
Com. on JUD.

Feb 22, 2018

Senate

Referred to Coms. on JUD. and APPR.

  • Referral-Committee
Coms. on JUD. and APPR.

Feb 14, 2018

Senate

From printer. May be acted upon on or after March 16.

Feb 13, 2018

Senate

Introduced. Read first time. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
SB1121 HTML
02/13/18 - Introduced PDF
04/09/18 - Amended Senate PDF
04/26/18 - Amended Senate PDF
05/25/18 - Amended Senate PDF
06/14/18 - Amended Assembly PDF
08/06/18 - Amended Assembly PDF
08/24/18 - Amended Assembly PDF
08/27/18 - Amended Assembly PDF
09/07/18 - Enrolled PDF
09/23/18 - Chaptered PDF

Related Documents

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