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SB-1194 Privacy: lodging and common carriers.(2017-2018)

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Date Published: 06/20/2018 09:00 PM
SB1194:v95#DOCUMENT

Amended  IN  Assembly  June 20, 2018
Amended  IN  Senate  May 25, 2018
Amended  IN  Senate  May 03, 2018
Amended  IN  Senate  March 21, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1194


Introduced by Senator Lara

February 15, 2018


An act to add Section 53.5 to the Civil Code, relating to privacy.


LEGISLATIVE COUNSEL'S DIGEST


SB 1194, as amended, Lara. Privacy: lodging, common carriers, and places of public accommodation. lodging and common carriers.
Existing law requires a business to take all reasonable steps to dispose of customer records within its custody or control containing personal information, including information that identifies a particular individual, such as his or her name, address, physical characteristics, or description, when the records are no longer to be retained by the business.
Existing law also prohibits a public or private employer from providing voluntary consent to an immigration enforcement agent to access, review, or obtain the employer’s employee records without a subpoena or judicial warrant.
This bill would would, except as specified, prohibit specified entities that offer lodging, or an owner or operator of a movie theater, athletic or sporting venue, or performance or concert venue, or any employee or agent thereof, from disclosing, producing, providing, releasing, transferring, disseminating, or otherwise communicating all or any part of a guest record, as defined, orally, in writing, or by electronic or any other means to a 3rd party, other than a California peace officer, without a court-issued subpoena, warrant, or order, as specified. The bill would also similarly prohibit an owner or operator of a private or charter bus transportation company, or any employee or agent thereof, from disclosing, producing, providing, releasing, transferring, disseminating, or otherwise communicating all or any part of a passenger manifest, as defined, orally, in writing, or by electronic or any other means to a 3rd party, other than a California peace officer, without a court-issued subpoena, warrant, or order, as specified. The bill would authorize a person who is identified or described in a guest record or a passenger manifest that is disclosed in violation of these provisions to bring a civil action for damages, including, but not limited to, injunctive relief, other appropriate equitable relief, and declaratory relief, to eliminate a pattern or practice of conduct prohibited by these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 53.5 is added to the Civil Code, to read:

53.5.
 (a) An Notwithstanding any other law, except as specified in this section, an innkeeper, hotelkeeper, motelkeeper, lodginghouse keeper, or owner or operator of an inn, hotel, motel, lodginghouse, or other similar accommodations, or any employee or agent thereof, who offers and or accepts payment for rooms, sleeping accommodations, or board and lodging, or other similar accommodation, shall not disclose, produce, provide, release, transfer, disseminate, or otherwise communicate, except to a California peace officer, all or any part of a guest record orally, in writing, or by electronic or any other means to a third party without a court-issued subpoena, warrant, or order.
(b) An Notwithstanding any other law, except as specified in this section, an owner or operator of a private or charter bus transportation company, or any employee or agent thereof, shall not disclose, produce, provide, release, transfer, disseminate, or otherwise communicate, except to a California peace officer, all or any part of a passenger manifest record orally, in writing, or by electronic or any other means to a third party without a court-issued subpoena, warrant, or order.

(c)An owner or operator of a movie theater, athletic or sporting venue, or performance or concert venue, or any employee or agent thereof, shall not disclose, produce, provide, release, transfer, disseminate, or otherwise communicate, except to a California peace officer, all or any part of a guest record orally, in writing, or by electronic or any other means to a third party without a court-issued subpoena, warrant, or order.

(d)

(c) Any person who is identified or described in a guest record or passenger manifest that is disclosed in violation of subdivision (a), (b), or (c) (a) or (b) may bring a civil action for damages, including, but not limited to, damages under Section 52, injunctive relief, other appropriate equitable relief, and declaratory relief, to eliminate a pattern or practice of conduct prohibited by subdivision (a), (b), or (c). (a) or (b).

(e)

(d) “Guest record” for purposes of this section includes any record that identifies an individual guest, boarder, occupant, lodger, customer, or invitee, including, but not limited to, his or her name, social security number or other unique identifying number, date of birth, location of birth, address, telephone number, driver’s license number, other official form of identification, credit card number, or automobile license plate number.

(f)

(e) “Passenger manifest record” for purposes of this section includes any record that identifies an individual guest, passenger, customer, or invitee, including, but not limited to, his or her name, social security number or other unique identifying number, date of birth, location of birth, address, telephone number, driver’s license number, other official form of identification, credit card number, or automobile license plate number.

(g)

(f) “Court issued subpoena, warrant, or order” for purposes of this section is limited to subpoenas, warrants, or orders issued by a judicial officer. An administrative subpoena, warrant, or order is not sufficient for purposes of this section.

(h)

(g) “Third party service provider,” for the purposes of this section, means an entity contracted to provide services outlined in the contract that has no independent right to use or share the data beyond the terms of the contract. Records shared with a third party service provider shall be subject to the limitations on further disclosure as described in subdivisions (a) to (c), inclusive. and (b), except as otherwise permitted by this section.

(i)

(h) This section shall not be construed to prevent a government entity from requiring a private business to provide business records during an audit or inspection if those records omit the personal information described in subdivisions (e) and (f). (d) and (e).

(j)

(i) This section shall not be construed to prevent a private business from providing, where required, providing business records containing a guest’s, client’s, guest’s or passenger’s name, address, or credit card number number, or driver’s license number to a third party service provider provider, if required, for the sole purpose of effectuating financial payment payment, including, approving or processing negotiable instruments, electronic fund transfers, or similar methods of payment, from a guest, client, guest or passenger to the private business for a good or service, or from providing business records to a third party service provider that the private business contracts with for business-related services.

(k)

(j) This section shall not be construed to prevent a private business from providing, where required, business records to a government entity in order to comply with state and federal laws regarding financial oversight and privacy regulations. privacy, including, but not limited to, the federal Gramm-Leach-Bliley Act (12 U.S.C. Sec. 6801). Records shared with a government entity or in compliance with the federal Gramm-Leach-Bliley Act shall be subject to the limitations on further disclosure as described in subdivisions (a) to (c), inclusive. and (b), except as otherwise permitted by this section.

(l)

(k) This section shall not be construed to prevent a private business from disclosing records in a criminal investigation if a law enforcement officer in good faith believes that an emergency involving imminent danger of death or serious bodily injury to a person requires a warrantless search, to the extent permitted by law.