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HR-5 (2021-2022)

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Revised  February 04, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

House Resolution
No. 5


Introduced by Assembly Member Chau
(Coauthors: Assembly Members Aguiar-Curry, Arambula, Bauer-Kahan, Bennett, Berman, Bloom, Boerner Horvath, Bonta, Burke, Calderon, Carrillo, Cervantes, Chiu, Choi, Cooley, Cooper, Cunningham, Daly, Davies, Flora, Fong, Friedman, Gabriel, Cristina Garcia, Eduardo Garcia, Gipson, Lorena Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager, Kiley, Lackey, Lee, Levine, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Nazarian, Nguyen, O’Donnell, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Seyarto, Smith, Stone, Ting, Valladares, Villapudua, Ward, Wicks, and Wood)

December 07, 2020


Relative to California Data Privacy Day.


LEGISLATIVE COUNSEL'S DIGEST


HR 5, as introduced, Chau.

WHEREAS, “Privacy” is the recognition that a free and democratic society respects the autonomy of individuals to choose the circumstances and degree to which individuals will expose their personal characteristics, attitudes, and behavior; and
WHEREAS, Protecting the privacy of personal information is a global imperative for governments, industry, civil society, and individuals; and
WHEREAS, Advances in modern technology enhance our lives by increasing our ability to communicate, learn, share, and produce, and every effort should be made to continue both the creation and innovative use of those technologies; and
WHEREAS, The growing use of technology in our work, our government institutions, and our everyday lives is likely to affect a progressive loss of personal privacy if appropriate attention is not given to protecting personal information by managing its collection, use, and disclosure; and
WHEREAS, The unauthorized disclosure of personal information and the loss of privacy can have devastating effects for individuals, ranging from financial fraud, identity theft, and costly demands on personal time and finances, to destruction of property, harassment, reputational damage, emotional distress, and even potential physical harm; and
WHEREAS, In 2020, the Pew Research Center released a report finding that a majority of Americans were concerned about how companies and the government were using their personal data, few understood what was being done with their information, and there was a strong belief that their personal data was more vulnerable than in the past, all before the coronavirus outbreak brought unprecedented attention to privacy concerns; and
WHEREAS, Continuing inquiries to better understand the ways in which personal information is collected, used, stored, shared, and managed in an increasingly networked world will contribute to the protection of personal privacy; and
WHEREAS, It is important for all Californians to be aware of the need for privacy protection and responsible data management; and
WHEREAS, The California Constitution expressly protects an individual’s right to privacy from both governmental and private actors; and
WHEREAS, The Legislature accomplished the historic feat of enacting the most comprehensive privacy rights law in the nation with the California Consumer Privacy Act of 2018 (CCPA), which gave consumers in California greater rights to exercise control over their personal information online and enacted the strongest safeguards in the country to protect against misuse; and
WHEREAS, California once again leads in the fight for data privacy with the passage of Proposition 24 resulting in the adoption of the California Privacy Rights Act of 2020, which seeks to expand and elaborate on protections provided by the CCPA; and
WHEREAS, Data Privacy Day in the United States began in 2008 as an extension of Data Protection Day celebrations in Europe that commemorate the signing of Convention No. 108 on January 28, 1981, the first legally binding international treaty dealing with privacy and data protection; and
WHEREAS, Data Protection Day is now celebrated annually as part of an international effort to raise awareness about data privacy and the protection of personal information; and
WHEREAS, On January 27, 2014, the 113th U.S. Congress adopted Senate Resolution 337, a non-binding resolution expressing support for the designation of January 28, 2014, as “National Data Privacy Day”; and
WHEREAS, Data Privacy Day emphasizes respecting privacy, safeguarding data, and enabling trust, with this year’s theme focusing on the value of information and highlighting that “Personal information is like money: Value it. Protect it.”; and
WHEREAS, Government officials from the United States, Canada, and Europe, privacy professionals, academic communities, legal scholars, representatives of businesses and nonprofit organizations, and others with an interest in data privacy issues are working together on this date and beyond to further the discussion about data privacy and protection; and
WHEREAS, The Privacy Unit at the California Department of Justice, which exemplifies California’s commitment to enforce state and federal privacy laws, empowers Californians by helping them to learn about their personal privacy rights and strategies for protecting them, encourages businesses and other organizations to follow best practices that respect privacy, and advises the Attorney General on privacy matters; and
WHEREAS, Data Privacy Day will encourage more Californians to learn about the tools available to assist them in controlling their personal information, addressing data privacy concerns, and adopting best practices to safely utilize technology to its fullest potential; and
WHEREAS, Parents, guardians, and educators in schools and universities across the country are being encouraged to take the time to discuss privacy and data protection issues with children, teens, and young adults; and
WHEREAS, Leading technology sectors should continue to serve as engaged and valuable partners in efforts to respect consumer privacy and to expand consumer knowledge and choice; and
WHEREAS, Striking a balance between privacy, technology, and innovation can have tremendous benefits for our society; now, therefore, be it
Resolved by the Assembly of the State of California, That the Assembly declares January 28, 2021, as California Data Privacy Day, to increase awareness of privacy and data protection issues among consumers, organizations, and government officials; and be it further
Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the author for appropriate distribution.
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REVISIONS:
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