SB 1276

Bill Subjects

Abstract

Existing law, the California Consumer Privacy Act of 2018, grants a consumer, as defined, various rights with respect to personal information, as defined, that is collected or sold by a business, as defined, including the right to direct a business that sells personal information about the consumer to third parties not to sell the consumer's personal information. Existing law, the Electronic Communications Privacy Act (ECPA) , generally prohibits a government entity from compelling the production of or access to electronic communication information or electronic device information, as defined, without a search warrant, wiretap order, order for electronic reader records, subpoena, or order for a pen register or trap and trace device, except for emergency situations, as specified. This bill would authorize a regulating agency, as defined, as a term of a regulation, license, permit, or other authorization, to require a shared mobility service provider over which it has jurisdiction to provide to the regulating agency shared mobility service data, as defined, in a form that facilitates auditing, as prescribed. The bill would prohibit a regulating agency from disclosing deidentified shared mobility service data to another public agency unless certain criteria are met, including the purpose of the disclosure is to assist the recipient public agency with a public purpose. The bill would prohibit a regulating agency or recipient public agency from disclosing shared mobility service data to a local, state, or federal law enforcement agency other than as required by law, as specified. The bill would also prohibit a regulating agency from disclosing shared mobility service data that includes location data to the public unless certain criteria are met, including the location data does not depict a shared mobility device or shared mobility service currently in use by a user of the device or service. The bill would provide that shared mobility service data is not "electronic device information" or "electronic information" as those terms are defined in ECPA. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.