Saturday, December 12, 2009

California Privacy Legislation, 2009

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
Privacy Legislation Pending in 2009

AB 22 (Torres) – Computer Hacking of Financial Institutions: This bill would increase the fine for computer intrusion of a financial institution from the current maximum of $10,000 to a maximum of $50,000.

AB 32 (Lieu) – Public Officials Online Information: This bill would amend existing law which prohibits posting or displaying on the Internet the home address or telephone number of any elected or appointed official, as defined, if the official has made a written demand not to disclose his or her information. It would require entities receiving such a demand to immediately remove the information and to ensure that it is not reposted. It would also allow a designated employer or professional association to make the demand on behalf of such officials and would set damages for violation.

AB 130 (Jeffries) – Marriage Records: This bill would make existing requirements for requests for a certified copy of a birth or death record and the protection of this data also apply to marriage records.

AB 261 (Salas) – Pupil Records: This bill would amend the California Education Code to conform with the federal Family Education Rights and Privacy Act requirements relating to the confidentiality of pupil records.

AB 632 (Davis) – Internet-Based Social Networking: This bill would require social networking Web sites to provide a disclosure to users that images posted on their sites may be copied by others without the consent of the user who uploaded the image.

AB 819 (Calderon) – Intellectual Property Piracy: This bill would establish the Intellectual Property Piracy Prevention and Prosecution Program to fund grants for local law enforcement and district attorneys for purposes of preventing and prosecuting intellectual property piracy.

AB 1010 (Galgiani) – Online Images: This bill would require an Internet company to remove visual material that depicts the commission of a violent or serious felony, as specified, upon the written or electronic request of the victim, next of kin, member of the victim’s immediate family, or a representative designated by the victim or victim’s immediate family.

AB 1094 (Conway) – Disposal of Personal Information: This bill would amend existing law requiring a business to take reasonable steps to destroy customer records containing personal information securely by rendering them unreadable when disposing of them. The bill would broaden the provision's scope to include any records containing personal information, not just customer records, and it would provide a "safe harbor" for a business (such as a storage facility or landlord) that has come into possession of records containing personal information that were abandoned and that disposes of them as provided in the code section.

AB 1324 (Bass) – Foster Youth and Identity Theft: This bill would clarify existing law aimed at uncovering identity theft crimes against foster youth.
SB 20 (Simitian) – Data Breach Notification: This bill would require any agency, person or business that must issue a notice of a data breach to include specified information in the notice and also, in the case of notices to more than 500 Californians, to provide the notice to the Attorney General.

SB 226 (Alquist) – Identity Theft Jurisdiction: This bill would provide that when multiple offenses occur in multiple jurisdictions and all of the offenses involve the same defendant or defendants and the same scheme or substantially similar activity, then jurisdiction for all offenses is proper in any one of the counties where one of the offenses occurred.

SB 368 (Maldonado) – Medical Records: This bill would authorize the Office of Health Information Integrity to audit the procedures and records of a provider of health care at any time to determine the provider’s compliance with the Confidentiality of Medical Information Act.

SB 437 (Pavley) – Unlisted Telephone Numbers: This bill would prohibit telephone companies from charging a customer who chooses not to have his or her name and/or telephone number listed in a directory or publicly available directory assistance database.  

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