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AB-1395 Information privacy: smart speaker devices.(2019-2020)

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Date Published: 02/22/2019 09:00 PM


Assembly Bill No. 1395

Introduced by Assembly Member Cunningham
(Coauthors: Assembly Members Gallagher, Lackey, and Mayes)

February 22, 2019

An act to add Title 1.81.22 (commencing with Section 1798.90.4) to Part 4 of Division 3 of the Civil Code, relating to information privacy.


AB 1395, as introduced, Cunningham. Information privacy: smart speaker devices.
The California Constitution provides for a right of privacy. Existing law prescribes a variety of consumer privacy protections, including requiring a business that owns, licenses, or maintains personal information about a California resident to implement and maintain reasonable security procedures and practices appropriate to the nature of the information, and authorizes a customer injured by a violation of this provision to institute a civil action to recover damages. Existing law also requires a manufacturer of a connected device, defined as a device capable of connecting to the Internet, to equip the device with a reasonable security feature or features that are appropriate to the nature and function of the device, appropriate to the information it may collect, contain, or transmit, and designed to protect the device and any information contained therein from unauthorized access, destruction, use, modification, or disclosure.
This bill would prohibit a smart speaker device, as defined, or a specified manufacturer of that device, from saving or storing recordings of verbal commands or requests given to the device, or verbal conversations heard by the device, regardless of whether the device was triggered using a key term or phrase.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


 Title 1.81.22 (commencing with Section 1798.90.4) is added to Part 4 of Division 3 of the Civil Code, to read:

TITLE 1.81.22. Smart Speaker Privacy Act

 For the purposes of this title, the following definitions shall apply:
(a) “Smart speaker device” means a wireless speaker and voice command device sold in this state with an integrated virtual assistant that offers interactive actions and hands-free activation. A smart speaker device shall not include a cell phone, tablet, or laptop computer with mobile data access, or a pager.
(b) “Smart speaker device manufacturer” means a company that designs, manufactures, tests, distributes, or provides return and repair services for smart speaker devices.

 A smart speaker device, or a smart speaker device manufacturer, shall not save or store recordings of verbal commands or requests given to the smart speaker device, or verbal conversations heard by the smart speaker device, regardless of whether the smart speaker device was triggered using a key term or phrase.