AB 3098

Bill Subjects

Abstract

Existing law, the California Consumer Privacy Act of 2018, grants a consumer various rights in connection with a business, as defined, that collects the consumer's personal information. Among these rights, the act authorizes a consumer to request that a business that collects a consumer's personal information disclose to the consumer the categories and specific pieces of personal information that the business has collected. The act does not require a business to retain personal information collected for a single, one-time transaction if that information is not sold or retained by the business. Existing law generally governs the transactions between a rental company, also referred to as a rental car company, and its customers, including, among other provisions, restrictions on a rental company's use of electronic surveillance technology. Existing law, as part of those restrictions, prohibits a rental company from using, accessing, or obtaining any information relating to the renter's use of the rental vehicle that was obtained using electronic surveillance technology, except under specified circumstances. Existing law requires a hosting platform, defined as a marketplace that is created for the primary purpose of facilitating the rental of a residential unit, as specified, to provide an offeror listing a residence for short-term rental on the hosting platform with a specific notice relating to certain liability considerations and risks of listing the residence. Existing law requires the notice to be in a particular font size and be provided immediately before the offeror lists each real property on the hosting platform's internet website in a manner that requires the offeror to interact with the hosting platform's internet website to affirmatively acknowledge the offeror read the notice. This bill would revise and recast those provisions relating to listings of short-term rentals of residences to, among other things, define a hosting platform to mean a marketplace that is created for the primary purpose of facilitating the rental of real or personal property, as specified. The bill would require the hosting platform to disclose conspicuously on a rental listing any recording devices operating in, on, or around the listed property. The bill would require the operator of a hosting platform to request an offeror to disclose to the hosting platform, and would require the offeror to disclose, any of those recording devices, as specified. The bill would require an offeror, upon notification of a violation of those recording device disclosure requirements, to destroy data collected by the device, to disable the device for the remainder of the rental period, and to notify the renter immediately, as specified. The bill would authorize a renter, upon notification of a violation, to render the rental agreement null and void effective immediately, and would entitle the renter to a specified refund. The bill would make a violation of these provisions punishable by a civil penalty of up to $500 for the first violation, and up to $1,000 for a subsequent violation, except as specified.