Code Section Group

Civil Code - CIV

DIVISION 3. OBLIGATIONS [1427 - 3273]

  ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. )

PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.16]

  ( Part 4 enacted 1872. )

TITLE 1.81.48. Data Broker Registration [1798.99.80 - 1798.99.88]
  ( Title 1.81.48 added by Stats. 2019, Ch. 753, Sec. 2. )

1798.99.80.
  

For purposes of this title:

(a) “Business” has the meaning provided in subdivision (c) of Section 1798.140.

(b) “Collect” and “collected” have the meaning provided in subdivision (e) of Section 1798.140.

(c) “Consumer” has the meaning provided in subdivision (g) of Section 1798.140.

(d) “Data broker” means a business that knowingly collects and sells to third parties the personal information of a consumer with whom the business does not have a direct relationship. “Data broker” does not include any of the following:

(1) A consumer reporting agency to the extent that it is covered by the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.).

(2) A financial institution to the extent that it is covered by the Gramm-Leach-Bliley Act (Public Law 106-102) and implementing regulations.

(3) An entity to the extent that it is covered by the Insurance Information and Privacy Protection Act (Article 6.6 (commencing with Section 1791) of Chapter 1 of Part 2 of Division 1 of the Insurance Code).

(e) “Personal information” has the meaning provided in subdivision (o) of Section 1798.140.

(f) “Sale” or “sold” have the meaning provided in subdivision (t) of Section 1798.140.

(g) “Third party” has the meaning provided in subdivision (w) of Section 1798.140.

(Added by Stats. 2019, Ch. 753, Sec. 2. (AB 1202) Effective January 1, 2020.)

1798.99.81.
  

A fund to be known as the “Data Brokers’ Registry Fund” is hereby created within the State Treasury. All registration fees received pursuant to paragraph (1) of subdivision (b) of Section 1798.99.82 shall be deposited into the Data Brokers’ Registry Fund, to be available for expenditure by the Department of Justice, upon appropriation by the Legislature, to offset costs of establishing and maintaining the informational internet website described in Section 1798.99.84.

(Added by Stats. 2020, Ch. 14, Sec. 3. (AB 82) Effective June 29, 2020.)

1798.99.82.
  

(a) On or before January 31 following each year in which a business meets the definition of data broker as provided in this title, the business shall register with the Attorney General pursuant to the requirements of this section.

(b) In registering with the Attorney General, as described in subdivision (a), a data broker shall do all of the following:

(1) Pay a registration fee in an amount determined by the Attorney General, not to exceed the reasonable costs of establishing and maintaining the informational internet website described in Section 1798.99.84. Registration fees shall be deposited in the Data Brokers’ Registry Fund, created within the State Treasury pursuant to Section 1798.99.81, and used for the purposes outlined in this paragraph.

(2) Provide the following information:

(A) The name of the data broker and its primary physical, email, and internet website addresses.

(B) Any additional information or explanation the data broker chooses to provide concerning its data collection practices.

(c) A data broker that fails to register as required by this section is subject to injunction and is liable for civil penalties, fees, and costs in an action brought in the name of the people of the State of California by the Attorney General as follows:

(1) A civil penalty of one hundred dollars ($100) for each day the data broker fails to register as required by this section.

(2) An amount equal to the fees that were due during the period it failed to register.

(3) Expenses incurred by the Attorney General in the investigation and prosecution of the action as the court deems appropriate.

(d) Any penalties, fees, and expenses recovered in an action prosecuted under subdivision (c) shall be deposited in the Consumer Privacy Fund, created within the General Fund pursuant to subdivision (a) of Section 1798.160, with the intent that they be used to fully offset costs incurred by the state courts and the Attorney General in connection with this title.

(Amended by Stats. 2020, Ch. 14, Sec. 4. (AB 82) Effective June 29, 2020.)

1798.99.84.
  

The Attorney General shall create a page on its internet website where the information provided by data brokers under this title shall be accessible to the public.

(Added by Stats. 2019, Ch. 753, Sec. 2. (AB 1202) Effective January 1, 2020.)

1798.99.88.
  

Nothing in this title shall be construed to supersede or interfere with the operation of the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100)).

(Added by Stats. 2019, Ch. 753, Sec. 2. (AB 1202) Effective January 1, 2020.)

CIVCivil Code - CIV