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SB-1022 Personal information: disclosure.(2019-2020)

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Date Published: 03/25/2020 09:00 PM
SB1022:v98#DOCUMENT

Amended  IN  Senate  March 25, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1022


Introduced by Senator Umberg

February 14, 2020


An act to amend Section 4051 of the Financial 1798.115 of the Civil Code, relating to privacy.


LEGISLATIVE COUNSEL'S DIGEST


SB 1022, as amended, Umberg. Privacy. Personal information: disclosure.
Existing law, the California Consumer Protection Act of 2018 (CCPA) grants a consumer various rights with regard to personal information relating to that consumer collected by a business, including the right to know the categories and the specific pieces of personal information that a business collects and to opt out of the sale of personal information. With regard to information sold to a third party about a consumer by a business, the CCPA prohibits the third party from selling that information unless the consumer has received notice, as specified, and an opportunity to exercise the right to opt out of the sale. Existing law commits the regulatory authority for these provisions with the Attorney General.
This bill would require that a consumer’s election to opt out of the sale of personal information, as described above, remain effective after the company that holds the information, or the information itself, is sold.

Existing law, the California Financial Information Privacy Act, prohibits a financial institution from disclosing or sharing a consumer’s nonpublic personal information with a nonaffiliated third party unless the financial institution has obtained consent from the consumer, as specified. The bill makes a statement of legislative intent with regard to the act.

This bill would make nonsubstantive changes in the statement of intent regarding the California Financial Information Privacy Act.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 1798.115 of the Civil Code is amended to read:

1798.115.
 (a) A consumer shall have the right to request that a business that sells the consumer’s personal information, or that discloses it for a business purpose, disclose to that consumer:
(1) The categories of personal information that the business collected about the consumer.
(2) The categories of personal information that the business sold about the consumer and the categories of third parties to whom the personal information was sold, by category or categories of personal information for each category of third parties to whom the personal information was sold.
(3) The categories of personal information that the business disclosed about the consumer for a business purpose.
(b) A business that sells personal information about a consumer, or that discloses a consumer’s personal information for a business purpose, shall disclose, pursuant to paragraph (4) of subdivision (a) of Section 1798.130, the information specified in subdivision (a) to the consumer upon receipt of a verifiable consumer request from the consumer.
(c) A business that sells consumers’ personal information, or that discloses consumers’ personal information for a business purpose, shall disclose, pursuant to subparagraph (C) of paragraph (5) of subdivision (a) of Section 1798.130:
(1) The category or categories of consumers’ personal information it has sold, or if the business has not sold consumers’ personal information, it shall disclose that fact.
(2) The category or categories of consumers’ personal information it has disclosed for a business purpose, or if the business has not disclosed the consumers’ personal information for a business purpose, it shall disclose that fact.
(d) (1) A third party shall not sell personal information about a consumer that has been sold to the third party by a business unless the consumer has received explicit notice and is provided an opportunity to exercise the right to opt-out pursuant to Section 1798.120.
(2) A consumer’s election to opt out of the sale of personal information about the consumer as described in paragraph (1) shall remain effective after the entity that holds the information, or the information itself, is sold.

SECTION 1.Section 4051 of the Financial Code is amended to read:
4051.

(a)The Legislature intends for financial institutions to provide their consumers notice and meaningful choices about how those consumers’ nonpublic personal information is shared or sold by their financial institutions.

(b)It is the intent of the Legislature in enacting the California Financial Information Privacy Act to afford persons greater privacy protections than those provided in Public Law 106-102, the federal Gramm-Leach-Bliley Act, and that this division be interpreted to be consistent with that purpose.