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SB-456 Privacy: faith-based organizations.(2019-2020)

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Date Published: 03/26/2019 09:00 PM
SB456:v98#DOCUMENT

Amended  IN  Senate  March 26, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 456


Introduced by Senator Archuleta

February 21, 2019


An act to amend Section 53.5 of add Section 53.6 to the Civil Code, relating to privacy.


LEGISLATIVE COUNSEL'S DIGEST


SB 456, as amended, Archuleta. Privacy: lodging and common carriers. faith-based organizations.
Existing law prohibits specified entities that offer lodging, 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 third party, other than a California peace officer, without a court-issued subpoena, warrant, or order, as specified. Existing law also prohibits 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 third party, other than a California peace officer, without a court-issued subpoena, warrant, or order, as specified.

This bill would make nonsubstantive changes to those provisions.

This bill would prohibit a faith-based organization that collects personal information, as defined, from volunteers from disclosing, except to a California peace officer, all or any part of that personal information orally, electronically, in writing, or by any other means to a third party without a court-issued subpoena, warrant, or order, unless that organization obtains the informed consent of the individual identified in the information.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 53.6 is added to the Civil Code, to read:

53.6.
 (a) (1) Notwithstanding any other law, except as specified in this section, a faith-based organization that collects personal information from volunteers shall not disclose, produce, provide, release, transfer, disseminate, or otherwise communicate, except to a California peace officer, all or any part of that personal information orally, electronically, in writing, or by any other means to a third party without a court-issued subpoena, warrant, or order.
(2) A faith-based organization may disclose personal information described in paragraph (1) if the organization obtains the informed consent of the individual identified by the information.
(b) For purposes of this section:
(1) “Biometric information” means an individual’s physiological or biological characteristics, including, but not limited to, fingerprints.
(2) “Court-issued subpoena, warrant, or order” means a subpoena, warrant, or order issued by a judicial officer. “Court-issued subpoena, warrant, or order” does not include an administrative subpoena, warrant, or order.
(3) “Personal information” means information that identifies an individual, including, but not limited to, the individual’s biometric information, 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, or automobile license plate number.
(c) This section shall not be construed to prevent a government entity from requiring a faith-based organization to do either of the following:
(1) Provide information pursuant to a public health, civil rights, or consumer protection investigation, or in an investigation conducted pursuant to Section 308.5 of the Public Utilities Code.
(2) Provide records during an audit or inspection if those records omit personal information.
(d) This section shall not be construed to prevent a faith-based organization from disclosing to a law enforcement officer records in a criminal investigation if the 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.

SECTION 1.Section 53.5 of the Civil Code is amended to read:
53.5.

(a)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 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)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)“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, their 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.

(d)“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, their 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.

(e)“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.

(f)“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 limitations on further disclosure as described in subdivisions (a) and (b), except as otherwise permitted by this section.

(g) 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 (c) and (d).

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

(i) 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, 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) and (b), except as otherwise permitted by this section.

(j) 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.

(k) This section shall not be construed to compel disclosure of a guest record or passenger manifest record by an inkeeper, motelkeeper, lodginghouse keeper, or owner or operator of an inn, hotel, motel, lodginghouse, or other similar accommodation, or an owner or operator of a private or charter bus transportation company, in the absence of a court-issued subpoena, warrant, or order.