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AB-3223 Information practices: public agencies.(2019-2020)

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Date Published: 02/21/2020 09:00 PM
AB3223:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3223


Introduced by Assembly Member Gallagher

February 21, 2020


An act to amend Section 1798.60 of, and to add Section 1798.54 to, the Civil Code, relating to information practices.


LEGISLATIVE COUNSEL'S DIGEST


AB 3223, as introduced, Gallagher. Information practices: public agencies.
Existing law, the Information Practices Act of 1977, prescribes a set of requirements, prohibitions, and remedies applicable to public agencies, as defined, with regard to their collection, storage, and disclosure of personal information. Existing law prohibits a public agency from selling, renting, or distributing an individual’s name and address for commercial purposes, unless that action is specifically authorized by law. Existing law prescribes civil remedies and penalties for violations of the act.
This bill would make an agency be liable for all damages proximately caused by a negligent or intentional violation of the requirements of the Information Practices Act of 1977. The bill would also prohibit an agency from in any way selling, renting, or exchanging for a commercial purpose the personal information that the agency holds, unless consented to by the person to whom that information applies.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 1798.54 is added to the Civil Code, immediately following Section 1798.53, to read:

1798.54.
 Notwithstanding any law, and in addition to any other remedy or penalty provided by law, an agency shall be liable for all damages proximately caused by a negligent or intentional violation of the requirements of this title.

SEC. 2.

 Section 1798.60 of the Civil Code is amended to read:

1798.60.
 (a) An individual’s name and address may shall not be distributed for commercial purposes, sold, or rented by an agency unless such action is specifically authorized by law.
(b) An agency shall not, without the consent of the person to whom that information applies, in any way sell, rent, or exchange for a commercial purpose the personal information that the agency holds.

SEC. 3.

 The Legislature finds and declares that Section 2 of this act, which amends Section 1798.60 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:
In order to permit the people of California to control appropriately the commercial distribution of their personal information by public agencies, it is necessary to give them the opportunity to restrict this use.