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AB-1758 Consumer privacy.(2019-2020)

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Date Published: 02/22/2019 09:00 PM
AB1758:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1758

Introduced by Assembly Member Chau

February 22, 2019

An act to amend Section 1798.100 of the Civil Code, relating to consumer privacy.


LEGISLATIVE COUNSEL'S DIGEST


AB 1758, as introduced, Chau. Consumer privacy.
Existing law, the California Consumer Privacy Act of 2018, commencing on January 1, 2020, grants a consumer various rights in connection with a business, as defined, that collects the consumer’s personal information. Among these rights, the act authorizes a consumer to request that a business that collects a consumer’s personal information to disclose to the consumer the categories and specific pieces of personal information that it has collected. The act does not require a business to retain personal information collected for a single, one-time transaction if that information is not sold or retained by the business.
This bill would make a nonsubstantive change to that provision.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 1798.100 of the Civil Code is amended to read:

1798.100.
 (a) A consumer shall have the right to request that a business that collects a consumer’s personal information disclose to that consumer the categories and specific pieces of personal information the business has collected.
(b) A business that collects a consumer’s personal information shall, at or before the point of collection, inform consumers as to the categories of personal information to be collected and the purposes for which the categories of personal information shall be used. A business shall not collect additional categories of personal information or use personal information collected for additional purposes without providing the consumer with notice consistent with this section.
(c) A business shall provide the information specified in subdivision (a) to a consumer only upon receipt of a verifiable consumer request.
(d) A business that receives a verifiable consumer request from a consumer to access personal information shall promptly take steps to disclose and deliver, free of charge to the consumer, the personal information required by this section. The information may be delivered by mail or electronically, and if provided electronically, the information shall be in a portable and, to the extent technically feasible, in a readily useable format that allows the consumer to transmit this information to another entity without hindrance. A business may provide personal information to a consumer at any time, but shall not be required to provide personal information to a consumer more than twice in a 12-month period.
(e) This section shall not require a business to retain any personal information collected for a single, one-time transaction, if such that information is not sold or retained by the business or to reidentify or otherwise link information that is not maintained in a manner that would be considered personal information.