Today's Law As Amended

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AB-1281 Privacy: facial recognition technology: disclosure.(2019-2020)



SECTION 1.

 Title 1.81.7 (commencing with Section 1798.300) is added to Part 4 of Division 3 of the Civil Code, to read:

TITLE 1.81.7. Facial Recognition Technology Disclosure

1798.300.
 (a) For the purposes of this title:
(1) “Clear and conspicuous” means in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols and other marks that call attention to the language.
(2) “Facial recognition technology” means a software application that analyzes facial features from a digital image or video for the purpose of automatically identifying a specific individual.
(b) A business in California that uses facial recognition technology shall disclose the usage of facial recognition technology in a physical sign at the entrance of every location that uses facial recognition technology. This sign shall be clear and conspicuous.
(1) The sign shall be displayed in a manner that ensures that an individual can read the sign before the business captures a digital image or video of the individual that can be analyzed using facial recognition technology.
(2) The sign shall include information about where an individual can find more information about the purposes for which the business uses facial recognition technology.
(c) (1) A business that fails to comply with subdivision (b) shall be liable for a civil penalty of up to seventy-five dollars ($75) for each violation, not to exceed seven thousand five hundred dollars ($7,500) annually. That penalty shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, by a district attorney, county counsel, or city attorney, or by a city prosecutor in a city having a full-time city prosecutor, in a court of competent jurisdiction.
(2) Notwithstanding the annual maximum penalty established in paragraph (1), an additional penalty of up to five thousand dollars ($5,000) per location annually may be assessed for knowing and willful violations.
(3) If the action is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the General Fund. If the action is brought by a district attorney or county counsel, the penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If the action is brought by a city attorney or city prosecutor, one-half of the penalty collected shall be paid to the treasurer of the city in which the judgment was entered, and one-half to the treasurer of the county in which the judgment was entered.
1798.301.
 This title shall become operative on July 1, 2020.