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AB-3124 Internet websites: personal information.(2023-2024)

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Date Published: 03/22/2024 04:00 AM
AB3124:v98#DOCUMENT

Amended  IN  Assembly  March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 3124


Introduced by Assembly Member Low

February 16, 2024


An act to amend Section 85300 add Chapter 21.9 (commencing with Section 22570) to Division 8 of the Government Business and Professions Code, relating to the Political Reform Act of 1974. personal information.


LEGISLATIVE COUNSEL'S DIGEST


AB 3124, as amended, Low. The Political Reform Act of 1974: contribution limitations. Internet websites: personal information.
The California Consumer Privacy Act of 2018 grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined, including the right to request that a business delete personal information about the consumer that the business has collected from the consumer.
This bill would prohibit a business from making covered personal information publicly available on its internet website. The bill would also require a business that sells personal information through an internet website to retain identifying information of the customer that purchases that personal information and to make that identifying information available upon request to the subject of the personal information purchased by the customer. The bill would define “covered personal information” to mean certain information that identifies a natural person, including the natural person’s personal address. The bill would punish a violation of the prohibition against a business making covered personal information publicly available on its internet website by a civil penalty of $200 per day, as specified.

The Political Reform Act of 1974 prohibits public officers from expending, and candidates from accepting, any public moneys for the purpose of seeking elective office, except as specified.

This bill would make technical, nonsubstantive changes to that provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Chapter 21.9 (commencing with Section 22570) is added to Division 8 of the Business and Professions Code, to read:
CHAPTER  21.9. Publicly Available Personal Information

22570.
 As used in this chapter, “covered personal information” means any of the following information that identifies a natural person:
(a) The natural person’s personal address.
(b) The natural person’s telephone number.
(c) The natural person’s known relatives.
(d) The natural person’s date of birth.

22571.
 (a) A business shall not make covered personal information publicly available on its internet website.
(b) (1) A business that sells personal information through an internet website shall retain identifying information of the customer that purchases that personal information.
(2) A business shall make the identifying information of a customer retained pursuant to paragraph (1) available upon request to the subject of the personal information purchased by the customer.
(c) A business that violates subdivision (a) shall be subject to a civil penalty of two hundred dollars ($200) per day that may be recovered in a civil action filed only by the Attorney General.

SECTION 1.Section 85300 of the Government Code is amended to read:
85300.

(a)Except as provided in subdivision (b), a public officer shall not expend, and a candidate shall not accept, any public moneys for the purpose of seeking elective office.

(b)A public officer or candidate may expend or accept public moneys for the purpose of seeking elective office if the state or a local governmental entity establishes a dedicated fund for this purpose by statute, ordinance, resolution, or charter, and both of the following are true:

(1)The public moneys held in the fund are available to all qualified, voluntarily participating candidates for the same office without regard to incumbency or political party preference.

(2)The state or local governmental entity has established criteria for determining a candidate’s qualification by statute, ordinance, resolution, or charter.