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AB-2182 Privacy: Department of Justice: online platforms: personal data privacy.(2017-2018)

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Date Published: 06/19/2018 04:00 AM
AB2182:v96#DOCUMENT

Amended  IN  Senate  June 18, 2018
Amended  IN  Assembly  May 25, 2018
Amended  IN  Assembly  March 15, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2182


Introduced by Assembly Member Levine

February 12, 2018


An act to add Section 340 to the Business and Professions 12525.7 to the Government Code, relating to privacy.


LEGISLATIVE COUNSEL'S DIGEST


AB 2182, as amended, Levine. Privacy: Department of Consumer Affairs: Justice: online platforms: personal data privacy.
Existing law requires an operator of a commercial Internet Web site or online service that collects personally identifiable information through the Internet about individual consumers residing in California who use or visit the commercial Internet Web site or online service to conspicuously post, or make available, its privacy policy, as specified.
Existing law creates the Department of Consumer Affairs in the Business, Consumer Services, and Housing Agency. Existing law establishes among the powers and duties of the Director of Consumer Affairs, the duty to propose and assist in the creation and development of consumer education programs. Justice, headed by the Attorney General. The department is required, among other duties, to provide summary information involving specified incidents through the department’s Web portal, as specified.
This bill bill, on or after January 1, 2020, would require the department to establish an Internet Web portal linked to its Consumer Information Center Internet Web page that contains links to the personal data privacy policies of online platforms, including social media, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 12525.7 is added to the Government Code, to read:

12525.7.
 (a) On or after January 1, 2020, the Department of Justice shall establish an Internet Web portal where consumers can find links to the personal data privacy policies of online platforms, including, but not limited to, social media, that have been updated or revised to make a material change in their policies. The online platforms shall be responsible for providing the updates and revisions to the department’s Internet Web portal, in a manner determined acceptable by the department.
(b) Subdivision (a) shall not apply to online platforms, including, but not limited to, social media, which notify users of personal data privacy policy updates and revisions electronically, by email, or with a prominent notice on their homepages.
(c) This section shall not be construed to:
(1) Require an online platform to disclose information beyond what is already required by existing law.
(2) Authorize a private cause of action for relief or damages.

SECTION 1.Section 340 is added to the Business and Professions Code, to be added to Article 7 (formerly commencing with Section 350) of Chapter 4 of Division 1, to read:
340.

(a)Consistent with subdivision (f) of Section 310, the department shall establish an Internet Web portal linked to its Consumer Information Center Internet Web page that contains links to the personal data privacy policies of online platforms, including social media.

(b)The department shall determine the threshold for the number of annual users of, or visitors to, an online platform that will have the privacy policy linked through the portal.

(c)This section shall not be construed to require an online platform to disclose information beyond what is already required by existing law.

(d)Nothing in this section shall be construed to authorize a private cause of action for relief or damages.