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Privacy Legislation
The California Legislature considers many bills on privacy issues each year. This page summarizes some of the currently pending or recently enacted bills, as of the date noted at the bottom of the page. The listing of these bills does not imply a position of support or opposition to any of them. To get more information on the bills and their status, click on the link below and enter the bill number.
Current Privacy Legislation
www.leginfo.ca.gov/bilinfo.html
Privacy Legislation Pending in 2008
AB 372 (Salas) – Security Freeze: This bill would simplify the procedure and reduce the cost for consumers 65 years of age and older to place a security freeze on their credit files.
AB 1779 (Jones) – Breach Notice: This bill would amend the breach notice law to require those subject to it, state agencies and persons or businesses doing business in California, when notifying individuals of a breach of their personal information, as defined, to also notify the Office of Privacy Protection. It would apply only in the case of notifications made by the “substitute” method, that is using mass media rather than individual notifications.
AB 1906 (Salas) – Identity Theft Insurance: This bill would direct the Department of Insurance to determine if current law gives the department adequate oversight and authority over identity theft insurance, and to report its findings and recommendations to the Legislature by December 1, 2009.
AB 2021 (Fuentes) – Credit Card Payments and Personal Information: This bill would create a new exception from the prohibition on requesting personal information in connection with payment by credit card. It would except transactions where the cardholder is not present and the information is needed for fraud detection or prevention.
AB 2383 (Ruskin) - Retailer Collection of SSNs: This bill would prohibit a retail business from requiring or using an individual’s SSN for any purpose unless the number is necessary for the business’s normal course of business and no other number may be used for such purpose. It would also impose certain privacy and security requirements for SSNs collected by retailers.
SB 31 (Simitian) – Eavesdropping on RFID: This bill would make the unauthorized intentional reading, or attempted reading, of radio waves emanating from a radio frequency identification device (RFID) in an identification document a misdemeanor. It would also make it a misdemeanor to reveal the operational system keys to an RFID system. It would define relevant terms and create certain exceptions.
SB 364 (Simitian) – Breach Notice: This bill would amend the breach notice law to require those subject to it, state agencies and persons or businesses doing business in California, to electronically submit breach notifications sent to California residents to the Office of Information Security and Privacy Protection. It would also require specific information to be included in notices made pursuant to the law.
SB 612 (Simitian) – Identity Theft Jurisdiction: This bill would provide that the venue for trial of an identity theft crime includes the county in which the victim resides, granting the trial court authority to determine whether the county of the victim's residence is the appropriate place for trial in a particular case.
SB 1096 (Calderon) – Medical Information: This would create an exemption for pharmacies from the Confidentiality of Medical Information Act’s prohibition on sharing, selling, or using personally identified medical information for marketing without prior authorization by patients. It would allow pharmacies to send their patients written communications paid for by third parties.
SB 1116 (Alquist) – High Technology Crime Advisory Committee: This bill would provide for representatives of the Office of Information Security & Privacy Protection and of the State Chief Information Officer on the High Technology Crime Advisory Committee. The Advisory Committee formulates strategies to address high technology crime through regional multi-jurisdictional task forces.
Legislation chaptered in 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007
