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AB-726 Information Practices Act of 1977: definitions.(2023-2024)

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Date Published: 02/13/2023 09:00 PM
AB726:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 726

Introduced by Assembly Member Joe Patterson

February 13, 2023

An act to amend Section 1798.3 of the Civil Code, relating to privacy.


LEGISLATIVE COUNSEL'S DIGEST


AB 726, as introduced, Joe Patterson. Information Practices Act of 1977: definitions.
Existing law, the Information Practices Act of 1977, imposes limitations on the right of state governmental agencies to disclose personal information about an individual. Existing law defines various terms for purposes of the act, including the terms “agency” and “record.”
This bill would expand the term “agency” to include any vendor or contractor of that agency.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 1798.3 of the Civil Code is amended to read:

1798.3.
 As used in this chapter:
(a) The term “personal information” means any information that is maintained by an agency that identifies or describes an individual, including, but not limited to, the individual’s name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. It includes statements made by, or attributed to, the individual.
(b) (1) The term “agency” means every state office, officer, department, division, bureau, board, commission, or other state agency, except that the agency.
(2) “Agency” shall include any vendor or contractor of that agency.
(3) The term agency shall not include:

(1)

(A) The California Legislature.

(2)

(B) Any agency established under Article VI of the California Constitution.

(3)

(C) The State Compensation Insurance Fund, except as to any records that contain personal information about the employees of the State Compensation Insurance Fund.

(4)

(D) A local agency, as defined in Section 7920.510 of the Government Code.
(c) The term “disclose” means to disclose, release, transfer, disseminate, or otherwise communicate all or any part of any record orally, in writing, or by electronic or any other means to any person or entity.
(d) The term “individual” means a natural person.
(e) The term “maintain” includes maintain, acquire, use, or disclose.
(f) The term “person” means any natural person, corporation, partnership, limited liability company, firm, or association.
(g) The term “record” means any file or grouping of information about an individual that is maintained by an agency by reference to an identifying particular such as the individual’s name, photograph, finger or voice print, or a number or symbol assigned to the individual.
(h) The term “system of records” means one or more records, which pertain to one or more individuals, which is maintained by any agency, from which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to the individual.
(i) The term “governmental entity,” except as used in Section 1798.26, means any branch of the federal government or of the local government.
(j) The term “commercial purpose” means any purpose that has financial gain as a major objective. It does not include the gathering or dissemination of newsworthy facts by a publisher or broadcaster.
(k) The term “regulatory agency” means the Department of Financial Protection and Innovation, the Department of Insurance, the Bureau Department of Real Estate, and agencies of the United States or of any other state responsible for regulating financial institutions.