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AB-1395 Information privacy: other connected device with a voice recognition feature.(2019-2020)

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Date Published: 05/06/2019 09:00 PM
AB1395:v97#DOCUMENT

Amended  IN  Assembly  May 06, 2019
Amended  IN  Assembly  April 08, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1395


Introduced by Assembly Member Cunningham
(Coauthors: Assembly Members Gallagher, Lackey, and Mayes)

February 22, 2019


An act to add Title 1.81.22 (commencing with Section 1798.90.4) to Part 4 of Division 3 of the Civil Code, relating to information privacy. An act to amend Sections 22948.20, 22948.21, and 22948.23 of, and to amend the heading of Chapter 35 (commencing with Section 22948.20) of Division 8 of, the Business and Professions Code, relating to information privacy.


LEGISLATIVE COUNSEL'S DIGEST


AB 1395, as amended, Cunningham. Information privacy: smart speaker devices. other connected device with a voice recognition feature.
Existing law prohibits a person or entity from providing the operation of a voice recognition feature of a connected television within the state without prominently informing the specified user of the connected television during the initial setup or installation. Existing law prohibits any actual recordings of spoken word collected for a specified purpose through the operation of a voice recognition feature by the manufacturer of a connected television, or a contracting third party, from being sold or used for any advertising purpose. Existing law prohibits a person or entity from compelling a manufacturer or other entity providing the operation of a voice recognition feature to build specific features for the purpose of allowing an investigative or law enforcement officer to monitor communications through that feature. Existing law limits the liability of a manufacturer to functionality provided at the time of the original sale of a connected television and specifically excludes liability for functionality provided by applications the user chooses to use in the cloud or that are downloaded and installed by a user. Existing law prohibits a waiver of these prohibitions and authorizes their enforcement by injunction or civil penalty in a court of competent jurisdiction by the Attorney General or a district attorney.
This bill would include other connected devices with a voice recognition feature, as defined, in those provisions, thereby prohibiting, among other things, a person or entity from providing the operation of a voice recognition feature within the state without prominently informing the user during the initial setup or installation of the other connected device with a voice recognition feature. The bill would prohibit any actual recordings of spoken word collected through the operation of a voice recognition feature for the purpose of improving the voice recognition feature, by the manufacturer of a connected television or other device with a voice recognition feature, or by a contracting third party, from being used for any advertising purpose, or being shared with or sold to a third party, unless the consumer provides written consent.

The California Constitution provides for a right of privacy. Existing law prescribes a variety of consumer privacy protections, including requiring a business that owns, licenses, or maintains personal information about a California resident to implement and maintain reasonable security procedures and practices appropriate to the nature of the information, and authorizes a customer injured by a violation of this provision to institute a civil action to recover damages. Existing law, operative January 1, 2020, also requires a manufacturer of a connected device, defined as a device capable of connecting to the internet, to equip the device with a reasonable security feature or features that are appropriate to the nature and function of the device, appropriate to the information it may collect, contain, or transmit, and designed to protect the device and any information contained therein from unauthorized access, destruction, use, modification, or disclosure.

This bill would prohibit a smart speaker device, as defined, or a specified manufacturer of that device, from saving, storing, or exchanging with a third party recordings of verbal commands or requests given to the device, or verbal conversations heard by the device, regardless of whether the device was triggered using a key term or phrase, unless a consumer notifies the smart speaker device manufacturer in writing that the consumer requests that their recordings be stored.

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

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


SECTION 1.

 It is the intent of the Legislature that this act shall not be construed to limit consumer privacy protection required pursuant to the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code).

SEC. 2.

 The heading of Chapter 35 (commencing with Section 22948.20) of Division 8 of the Business and Professions Code is amended to read:
CHAPTER  35. Connected Televisions and Devices

SEC. 3.

 Section 22948.20 of the Business and Professions Code is amended to read:

22948.20.
 (a) A person or entity shall not provide the operation of a voice recognition feature within this state without prominently informing, during the initial setup or installation of a connected television, television or other connected device with a voice recognition feature, either the user or the person designated by the user to perform the initial setup or installation of the connected television. television or other connected device with a voice recognition feature.
(b) Any actual recordings of spoken word collected through the operation of a voice recognition feature by the manufacturer of a connected television or other connected device with a voice recognition feature for the purpose of improving the voice recognition feature, including, but not limited to, the operation of an accessible user interface for people with disabilities, shall not be sold or used for any advertising purpose. purpose, stored, or shared with or sold to a third party, unless the consumer provides written consent.
(c) Any actual recordings of spoken word collected through the operation of a voice recognition feature by a third party contracting with a manufacturer for the purpose of improving the voice recognition feature, including, but not limited to, the operation of an accessible user interface for people with disabilities, shall not be sold or used for any advertising purpose. purpose, stored, or shared with or sold to a third party, unless the consumer provides written consent.
(d) A person or entity shall not compel a manufacturer or other entity providing the operation of a voice recognition feature to build specific features for the purpose of allowing an investigative or law enforcement officer to monitor communications through that feature.
(e) A manufacturer shall only be liable for functionality provided at the time of the original sale of a connected television or other connected device with a voice recognition feature and shall not be liable for functionality provided by applications that the user chooses to use in the cloud or are downloaded and installed by a user.
(f) This chapter shall not apply to any product or service provided by a company covered under Section 637.5 of the Penal Code.

SEC. 4.

 Section 22948.21 of the Business and Professions Code is amended to read:

22948.21.
 For purposes of this chapter, the following definitions shall apply:
(a) “Connected television” means a video device designed for home use to receive television signals and reproduce them on an integrated, physical screen display that exceeds 12 inches, except that this term shall not include a personal computer, portable device, or a separate device that connects physically or wirelessly to a television, including, but not limited to, a set-top box, video game console, or digital video recorder.
(b) “Other connected device with a voice recognition feature” means any device equipped with a voice recognition feature sold in this state, including, but not limited to, a wireless speaker and voice command device sold in this state with an integrated virtual assistant that offers interactive actions and hands-free activation, or a cellular telephone, tablet, or other device sold in this state with an integrated virtual assistant that offers interactive actions and hands-free activation.

(b)

(c) “User” means a person who originally purchases, leases, or takes ownership of a connected television. television or other connected device with a voice recognition feature. A person who is incidentally recorded when a voice recognition feature is activated by a user shall not be deemed to be a user.

(c)

(d) “Voice recognition feature” means the function of a connected television or other connected device with a voice recognition feature that allows the collection, recording, storage, analysis, transmission, interpretation, or other use of spoken words or other sounds, except that this term shall not include voice commands that are not recorded or transmitted beyond the connected television. television or other connected device with a voice recognition feature.

SEC. 5.

 Section 22948.23 of the Business and Professions Code is amended to read:

22948.23.
 (a) Actions for relief pursuant to this chapter may be prosecuted exclusively in a court of competent jurisdiction in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney. This chapter shall not be deemed to create a private right of action, or limit any existing private right of action.
(b) A court may enjoin a person who knowingly engages, has engaged, or proposes to engage, in a violation of this chapter. The court may make any orders or judgments as may be necessary to prevent a violation of this chapter.
(c) A person who knowingly engages, has engaged, or proposes to engage, in a violation of this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each connected television or other connected device with a voice recognition feature sold or leased in violation of this chapter. If the action is brought by the Attorney General, the penalty shall be deposited into the General Fund. If the action is brought by a district attorney, the penalty shall be paid to the treasurer of the county in which the judgment was entered.

SECTION 1.Title 1.81.22 (commencing with Section 1798.90.4) is added to Part 4 of Division 3 of the Civil Code, to read:
1.81.22.Smart Speaker Privacy Act
1798.90.4.

For the purposes of this title, the following definitions shall apply:

(a)“Smart speaker device” means a wireless speaker and voice command device sold in this state with an integrated virtual assistant that offers interactive actions and hands-free activation. A smart speaker device shall not include a cellular telephone, tablet, or laptop computer with mobile data access, or a pager.

(b)“Smart speaker device manufacturer” means a company that designs, manufactures, tests, distributes, or provides return and repair services for smart speaker devices.

1798.90.41.

A smart speaker device, or a smart speaker device manufacturer, shall not save, store, or exchange with a third party recordings of verbal commands or requests given to the smart speaker device, or verbal conversations heard by the smart speaker device, regardless of whether the smart speaker device was triggered using a key term or phrase, unless a consumer notifies the smart speaker device manufacturer in writing that the consumer requests that their recordings be stored.