Today's Law As Amended

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AB-886 Transportation service network provider: passenger privacy.(2015-2016)



SECTION 1.

 Section 5431 of the Public Utilities Code is amended to read:

5431.
 For purposes of this article, the following terms have the following meanings:
(a) “Participating driver” or “driver” means any person who uses a vehicle in connection with a transportation network company’s online-enabled application or platform to connect with passengers.
(b) “Personal vehicle” means a vehicle that is used by a participating driver to provide prearranged transportation services for compensation that meets all of the following requirements:
(1) Has a passenger capacity of eight persons or less, including the driver.
(2) Is owned, leased, rented for a term that does not exceed 30 days, or otherwise authorized for use by the participating driver.
(3) Meets all inspection and other safety requirements imposed by the commission.
(4) Is not a taxicab or limousine.
(c) (a)  “Transportation network company” means As used in this article, a “transportation network company” is  an organization, including, but not limited to, a corporation, limited liability company, partnership, sole proprietor, or any other entity, operating in California that provides prearranged transportation services for compensation using an online-enabled application or platform to connect passengers with drivers using a personal vehicle.
(b) As used in this article, “participating driver” or “driver” is any person who uses a vehicle in connection with a transportation network company’s online-enabled application or platform to connect with passengers.
(d) (c)  “Transportation  As used in this article, “transportation  network company insurance” means is  a liability insurance policy that specifically covers liabilities arising from a driver’s use of a vehicle in connection with a transportation network company’s online-enabled application or platform.
(e) (d)  “Zero-emission vehicle” has the same meaning as in Section 44258 of the Health and Safety Code. As used in this article, “personally identifiable information,” with respect to a transportation network company passenger, shall include electronic communication information, as defined by subdivision (d) of Section 1546 of the Penal Code, electronic device information, as defined by subdivision (g) of Section 1546 of the Penal Code, and subscriber information, as defined by subdivision (l) of Section 1546 of the Penal Code, and the social security number, physical characteristics, or financial information of the passenger. 

SECTION 1.SEC. 2.

 Section 5437 of the Public Utilities Code is amended to read:

5437.
 (a)  A transportation network company shall not disclose to a third party any personally identifiable information of a transportation network company passenger unless one of the following applies:
(1) The customer knowingly consents. passenger affirmatively consents through an opt-in selection. Consent shall be distinct from any transaction or service provided, and shall be acquired in a format that is separate from the financial transaction for services. Consent shall not be required by the transportation network company as a condition of accepting or processing a transaction, as a condition of creating a user account, if a user account is required by the transportation network company, or as a condition of downloading or installing a mobile application. 
(2) Pursuant to a legal obligation. law, regulation, or court order. 
(3) The disclosure is to the commission in order to investigate a complaint filed with the commission against a transportation network company or a participating driver and the commission treats the information under confidentiality protections.
(b) Nothing in this section shall prohibit a transportation network company from sharing any personally identifiable information of a transportation network company passenger for the detection, investigation, or prevention of fraud, theft, identity theft, or other criminal activity if the personally identifiable information is used solely for those purposes by recipients of the personally identifiable information.
SEC. 3.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.