Today's Law As Amended


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AB-660 Personal information: contact tracing.(2019-2020)



As Amends the Law Today


SECTION 1.

 Title 1.81.10 (commencing with Section 1798.600) is added to Part 4 of Division 3 of the Civil Code, to read:

TITLE 1.81.10. Contact Tracing

1798.600.
 As used in this title:
(a) “Contact tracing” means identifying and monitoring individuals, through data collection and analysis, who may have had contact with an infectious person as a means of controlling the spread of a communicable disease.
(b) “Data” means measurements, transactions, determinations, locations, or other information, whether or not that information can be associated with a specific natural person.
(c) “Law enforcement agency” means any of the following:
(1) A police department.
(2) A sheriff’s department.
(3) A district attorney.
(4) A county probation department.
(5) A transit agency police department.
(6) A school district police department.
(7) The police department of any campus of any of the following:
(A) The University of California.
(B) The California State University.
(C) A community college.
(8) The Department of the California Highway Patrol.
(9) The Department of Justice.
1798.601.
 (a) Data collected, received, or prepared for purposes of contact tracing shall not be used, maintained, or disclosed for any purpose other than facilitating contact tracing efforts.
(b) (1) Except as provided in paragraph (2), all data collected, received, or prepared for purposes of contact tracing shall be deleted within 60 days.
(2) This subdivision shall not apply to data in the possession of a local or state health department.
1798.602.
 An officer, deputy, employee, or agent of a law enforcement agency shall not engage in contact tracing.
1798.603.
 (a) A person may bring a civil action for a violation of this title to obtain injunctive relief.
(b) A prevailing plaintiff in a civil action brought pursuant to this section shall be awarded reasonable attorney fees.
SEC. 2.
 The Legislature finds and declares that Section 1 of this act, which adds Section 1798.601 of the Civil Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
This act balances the right of the public to access relevant information about contact tracing efforts by public health entities while protecting the privacy rights of individuals whose data is collected for contact tracing purposes.
SEC. 3.
 The Legislature finds and declares that Section 1 of this act, which adds Section 1798.601 to the Civil Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
This act balances the right of the public to access relevant information about contact tracing efforts by public health entities while protecting the privacy rights of individuals whose data is collected for contact tracing purposes.