Today's Law As Amended



SECTION 1.

 Title 1.81.7 (commencing with Section 1798.300) is added to Part 4 of Division 3 of the Civil Code, to read:

TITLE 1.81.7. Facial Recognition Technology Disclosure

1798.300.
 (a) For the purposes of this title:
(1) “Clear and conspicuous” means in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols and other marks that call attention to the language.
(2) “Facial recognition technology” means a software application used to automatically identify an individual from a digital image or video frames.
(b) A business in California that uses facial recognition technology shall disclose the usage of facial recognition technology in a physical sign at the entrance of every location that uses facial recognition technology. This sign shall be clear and conspicuous.
(c) (1) A business that fails to comply with subdivision (b) shall be liable for a civil penalty of up to seventy-five dollars ($75) for each violation, not to exceed seven thousand five hundred dollars ($7,500) annually.
(2) Notwithstanding the annual maximum penalty established in paragraph (1), an additional penalty of up to five thousand dollars ($5,000) per location annually may be assessed for knowing and willful violations.
1798.301.
 This title shall become operative on July 1, 2020.