Bill Text


PDF |Add To My Favorites |Track Bill | print page

SB-746 California Consumer Privacy Act of 2018: personal information: political purpose.(2021-2022)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 05/20/2021 09:00 PM
SB746:v96#DOCUMENT

Amended  IN  Senate  May 20, 2021
Amended  IN  Senate  March 25, 2021
Amended  IN  Senate  March 05, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 746


Introduced by Senator Skinner

February 19, 2021


An act to amend Section 1798.130 of, and to add Section 1798.111 to, the Civil Code, relating to privacy.


LEGISLATIVE COUNSEL'S DIGEST


SB 746, as amended, Skinner. California Consumer Privacy Act of 2018: personal information: political purpose.
Existing law, the California Consumer Privacy Act of 2018 (CCPA), grants a consumer, as defined, various rights with regard to personal information relating to that consumer that is held by a business, as defined, including the right to request that a business that collects personal information about the consumer disclose the categories of personal information it has collected about that consumer. The California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, establishes the California Privacy Protection Agency, which is vested with full administrative power, authority, and jurisdiction to implement and enforce the California Consumer Privacy Act of 2018.
This bill would grant a consumer the right to request that a business disclose to the consumer whether or not the business uses personal information collected about the consumer for a political purpose, as defined. The bill would require a business that collects personal information about a consumer and uses that information for a political purpose to disclose to the consumer specified information upon receipt of a verifiable consumer request from the consumer, including the name of any candidate or committee for which the consumer’s personal information was used for a political purpose. The bill would also require the business to disclose that information to the California Privacy Protection Agency or the Attorney General, as specified, and submit a statement certified, under penalty of perjury, by the chief executive officer, or equivalent person, of the business that the business has complied with that requirement. The bill would also require a business with gross revenue exceeding $100,000,000 in the preceding calendar year that does not engage in activities described above to submit to the California Privacy Protection Agency or the Attorney General, as specified, a statement certified, under penalty of perjury, by the chief executive officer, or equivalent person, of the business that the business does not engage in those activities. By expanding the crime of perjury, this bill would impose a state-mandated local program. specified. The bill would also make conforming changes.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The California Privacy Rights Act of 2020 authorizes the Legislature to amend the act to further the purposes and intent of the act by a majority vote of both houses of the Legislature, as specified.
This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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


SECTION 1.

 Section 1798.111 is added to the Civil Code, to read:

1798.111.
 (a) A consumer shall have the right to request that a business that collects personal information about the consumer disclose to the consumer whether or not the business uses that personal information for a political purpose.
(b) A business that collects personal information about a consumer and uses that information for a political purpose shall disclose to the consumer all of the following information upon receipt of a verifiable consumer request from the consumer:
(1) The name of any candidate or committee for which the consumer’s personal information was used for a political purpose.
(2) The title of any ballot measure for which the consumer’s personal information was used for a political purpose.
(3) If the consumer’s personal information was used to support or oppose the candidate, committee, or measure referred to by paragraph (1) or (2).
(c) (1)A business that engages in activities described in subdivision (b) shall do both of the following: disclose, pursuant to subdivision (d), all of the following:

(A)Disclose, pursuant to subdivision (d), all of the following:

(i)

(1) The name of any candidate or committee for which personal information was used for a political purpose.

(ii)

(2) The title of any ballot measure for which personal information was used for a political purpose.

(iii)

(3) If personal information was used to support or oppose the candidate, committee, or measure referred to by clause (i) or (ii). paragraph (1) or (2).

(B)Submit, pursuant to subdivision (d), a statement certified, under penalty of perjury, by the chief executive officer, or equivalent person, of the business that the business has correctly disclosed all activity pursuant to this subdivision.

(2)A business with gross revenue exceeding one hundred million dollars ($100,000,000) in the preceding calendar year that does not engage in activities described in subdivision (b) shall submit, pursuant to subdivision (d), to the California Privacy Protection Agency a statement certified, under penalty of perjury, by the chief executive officer, or equivalent person, of the business that the business does not engage in the activities described in subdivision (b).

(3)A disclosure required by paragraph (1) shall include any information that has not been previously disclosed pursuant to subdivision (d).

(d) A statement or disclosure required by subdivision (c) shall be submitted after November 10 but before December 10 of each calendar year as follows:
(1) For the January 1, 2022, calendar year, to the Attorney General.
(2) For a calendar year beginning on or after January 1, 2023, to the California Privacy Protection Agency.
(e) For purposes of this section:
(1) “Ballot measure” has the same meaning as defined in Section 82043 of the Government Code.
(2) “Candidate” has the same meaning as defined in Section 82007 of the Government Code.
(3) “Committee” has the same meaning as defined in Section 82013 of the Government Code.
(4) (A) “Political purpose” means activity undertaken by a business with the actual knowledge, or at the direction, of one or more of the officers of the business for the purpose of influencing, or attempting to influence, the action of the voters for or against either of the following:
(i) The nomination or election of a candidate.
(ii) The qualification or passage of a ballot measure.
(B) “Political purpose” does not include the use of a consumer’s personal information by a business in carrying out a commercial transaction on behalf of another person, including, but not limited to, delivering an advertisement to the consumer on behalf of another person.

SEC. 2.

 Section 1798.130 of the Civil Code, as amended by Section 1 of Chapter 172 of the Statutes of 2020, is amended to read:

1798.130.
 (a) In order to comply with Sections 1798.100, 1798.105, 1798.110, 1798.111, 1798.115, and 1798.125, a business shall, in a form that is reasonably accessible to consumers:
(1) (A) Make available to consumers two or more designated methods for submitting requests for information required to be disclosed pursuant to Sections 1798.110 and 1798.115, including, at a minimum, a toll-free telephone number. A business that operates exclusively online and has a direct relationship with a consumer from whom it collects personal information shall only be required to provide an email address for submitting requests for information required to be disclosed pursuant to Sections 1798.110 and 1798.115.
(B) If the business maintains an internet website, make the internet website available to consumers to submit requests for information required to be disclosed pursuant to Sections 1798.110 and 1798.115.
(2) Disclose and deliver the required information to a consumer free of charge within 45 days of receiving a verifiable consumer request from the consumer. The business shall promptly take steps to determine whether the request is a verifiable consumer request, but this shall not extend the business’ duty to disclose and deliver the information within 45 days of receipt of the consumer’s request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary, provided the consumer is provided notice of the extension within the first 45-day period. The disclosure shall cover the 12-month period preceding the business’ receipt of the verifiable consumer request and shall be made in writing and delivered through the consumer’s account with the business, if the consumer maintains an account with the business, or by mail or electronically at the consumer’s option if the consumer does not maintain an account with the business, in a readily useable format that allows the consumer to transmit this information from one entity to another entity without hindrance. The business may require authentication of the consumer that is reasonable in light of the nature of the personal information requested, but shall not require the consumer to create an account with the business in order to make a verifiable consumer request. If the consumer maintains an account with the business, the business may require the consumer to submit the request through that account.
(3) For purposes of subdivision (b) of Section 1798.110:
(A) To identify the consumer, associate the information provided by the consumer in the verifiable consumer request to any personal information previously collected by the business about the consumer.
(B) Identify by category or categories the personal information collected about the consumer in the preceding 12 months by reference to the enumerated category or categories in subdivision (c) that most closely describes the personal information collected.
(4) For purposes of Section 1798.111, identify the name of any candidate, committee, or the title of any ballot measure for which the consumer’s personal information was used for a political purpose and whether the consumer’s personal information was used to support or oppose the candidate or measure.
(5) For purposes of subdivision (b) of Section 1798.115:
(A) Identify the consumer and associate the information provided by the consumer in the verifiable consumer request to any personal information previously collected by the business about the consumer.
(B) Identify by category or categories the personal information of the consumer that the business sold in the preceding 12 months by reference to the enumerated category in subdivision (c) that most closely describes the personal information, and provide the categories of third parties to whom the consumer’s personal information was sold in the preceding 12 months by reference to the enumerated category or categories in subdivision (c) that most closely describes the personal information sold. The business shall disclose the information in a list that is separate from a list generated for the purposes of subparagraph (C).
(C) Identify by category or categories the personal information of the consumer that the business disclosed for a business purpose in the preceding 12 months by reference to the enumerated category or categories in subdivision (c) that most closely describes the personal information, and provide the categories of third parties to whom the consumer’s personal information was disclosed for a business purpose in the preceding 12 months by reference to the enumerated category or categories in subdivision (c) that most closely describes the personal information disclosed. The business shall disclose the information in a list that is separate from a list generated for the purposes of subparagraph (B).
(6) Disclose the following information in its online privacy policy or policies if the business has an online privacy policy or policies and in any California-specific description of consumers’ privacy rights, or if the business does not maintain those policies, on its internet website and update that information at least once every 12 months:
(A) A description of a consumer’s rights pursuant to Sections 1798.100, 1798.105, 1798.110, 1798.111, 1798.115, and 1798.125 and one or more designated methods for submitting requests.
(B) For purposes of subdivision (c) of Section 1798.110, a list of the categories of personal information it has collected about consumers in the preceding 12 months by reference to the enumerated category or categories in subdivision (c) that most closely describe the personal information collected.
(C) For purposes of paragraphs (1) and (2) of subdivision (c) of Section 1798.115, two separate lists:
(i) A list of the categories of personal information it has sold about consumers in the preceding 12 months by reference to the enumerated category or categories in subdivision (c) that most closely describes the personal information sold, or if the business has not sold consumers’ personal information in the preceding 12 months, the business shall disclose that fact.
(ii) A list of the categories of personal information it has disclosed about consumers for a business purpose in the preceding 12 months by reference to the enumerated category in subdivision (c) that most closely describes the personal information disclosed, or if the business has not disclosed consumers’ personal information for a business purpose in the preceding 12 months, the business shall disclose that fact.
(D) In the case of a business that sells or discloses deidentified patient information not subject to this title pursuant to clause (i) of subparagraph (A) of paragraph (4) of subdivision (a) of Section 1798.146, whether the business sells or discloses deidentified patient information derived from patient information and if so, whether that patient information was deidentified pursuant to one or more of the following:
(i) The deidentification methodology described in Section 164.514(b)(1) of Title 45 of the Code of Federal Regulations, commonly known as the HIPAA expert determination method.
(ii) The deidentification methodology described in Section 164.514(b)(2) of Title 45 of the Code of Federal Regulations, commonly known as the HIPAA safe harbor method.
(7) Ensure that all individuals responsible for handling consumer inquiries about the business’ privacy practices or the business’ compliance with this title are informed of all requirements in Sections 1798.100, 1798.105, 1798.110, 1798.111, 1798.115, and 1798.125, and this section, and how to direct consumers to exercise their rights under those sections.
(8) Use any personal information collected from the consumer in connection with the business’ verification of the consumer’s request solely for the purposes of verification.
(b) A business is not obligated to provide the information required by Sections 1798.110, 1798.111, and 1798.115 to the same consumer more than twice in a 12-month period.
(c) The categories of personal information required to be disclosed pursuant to Sections 1798.110 and 1798.115 shall follow the definition of personal information in Section 1798.140.

SEC. 3.

 Section 1798.130 of the Civil Code, as amended by on November 3, 2020, by initiative Proposition 24, Section 12, is amended to read:

1798.130.
 Notice, Disclosure, Correction, and Deletion Requirements
(a) In order to comply with Sections 1798.100, 1798.105, 1798.106, 1798.110, 1798.111, 1798.115, and 1798.125, a business shall, in a form that is reasonably accessible to consumers:
(1) (A) Make available to consumers two or more designated methods for submitting requests for information required to be disclosed pursuant to Sections 1798.110 and 1798.115, or requests for deletion or correction pursuant to Sections 1798.105 and 1798.106, respectively, including, at a minimum, a toll-free telephone number. A business that operates exclusively online and has a direct relationship with a consumer from whom it collects personal information shall only be required to provide an email address for submitting requests for information required to be disclosed pursuant to Sections 1798.110 and 1798.115, or for requests for deletion or correction pursuant to Sections 1798.105 and 1798.106, respectively.
(B) If the business maintains an internet website, make the internet website available to consumers to submit requests for information required to be disclosed pursuant to Sections 1798.110 and 1798.115, or requests for deletion or correction pursuant to Sections 1798.105 and 1798.106, respectively.
(2) (A) Disclose and deliver the required information to a consumer free of charge, correct inaccurate personal information, or delete a consumer’s personal information, based on the consumer’s request, within 45 days of receiving a verifiable consumer request from the consumer. The business shall promptly take steps to determine whether the request is a verifiable consumer request, but this shall not extend the business’s duty to disclose and deliver the information, to correct inaccurate personal information, or to delete personal information within 45 days of receipt of the consumer’s request. The time period to provide the required information, to correct inaccurate personal information, or to delete personal information may be extended once by an additional 45 days when reasonably necessary, provided the consumer is provided notice of the extension within the first 45-day period. The disclosure of the required information shall be made in writing and delivered through the consumer’s account with the business, if the consumer maintains an account with the business, or by mail or electronically at the consumer’s option if the consumer does not maintain an account with the business, in a readily useable format that allows the consumer to transmit this information from one entity to another entity without hindrance. The business may require authentication of the consumer that is reasonable in light of the nature of the personal information requested, but shall not require the consumer to create an account with the business in order to make a verifiable consumer request provided that if the consumer has an account with the business, the business may require the consumer to use that account to submit a verifiable consumer request.
(B) The disclosure of the required information shall cover the 12-month period preceding the business’ receipt of the verifiable consumer request provided that, upon the adoption of a regulation pursuant to paragraph (9) of subdivision (a) of Section 1798.185, a consumer may request that the business disclose the required information beyond the 12-month period, and the business shall be required to provide that information unless doing so proves impossible or would involve a disproportionate effort. A consumer’s right to request required information beyond the 12-month period, and a business’s obligation to provide that information, shall only apply to personal information collected on or after January 1, 2022. Nothing in this subparagraph shall require a business to keep personal information for any length of time.
(3) (A) A business that receives a verifiable consumer request pursuant to Section 1798.110 or 1798.115 shall disclose any personal information it has collected about a consumer, directly or indirectly, including through or by a service provider or contractor, to the consumer. A service provider or contractor shall not be required to comply with a verifiable consumer request received directly from a consumer or a consumer’s authorized agent, pursuant to Section 1798.110 or 1798.115, to the extent that the service provider or contractor has collected personal information about the consumer in its role as a service provider or contractor. A service provider or contractor shall provide assistance to a business with which it has a contractual relationship with respect to the business’ response to a verifiable consumer request, including, but not limited to, by providing to the business the consumer’s personal information in the service provider or contractor’s possession, which the service provider or contractor obtained as a result of providing services to the business, and by correcting inaccurate information or by enabling the business to do the same. A service provider or contractor that collects personal information pursuant to a written contract with a business shall be required to assist the business through appropriate technical and organizational measures in complying with the requirements of subdivisions (d) to (f), inclusive, of Section 1798.100, taking into account the nature of the processing.
(B) For purposes of subdivision (b) of Section 1798.110:
(i) To identify the consumer, associate the information provided by the consumer in the verifiable consumer request to any personal information previously collected by the business about the consumer.
(ii) Identify by category or categories the personal information collected about the consumer for the applicable period of time by reference to the enumerated category or categories in subdivision (c) that most closely describes the personal information collected; the categories of sources from which the consumer’s personal information was collected; the business or commercial purpose for collecting, selling, or sharing the consumer’s personal information; and the categories of third parties to whom the business discloses the consumer’s personal information.
(iii) Provide the specific pieces of personal information obtained from the consumer in a format that is easily understandable to the average consumer, and to the extent technically feasible, in a structured, commonly used, machine-readable format that may also be transmitted to another entity at the consumer’s request without hindrance. “Specific pieces of information” do not include data generated to help ensure security and integrity or as prescribed by regulation. Personal information is not considered to have been disclosed by a business when a consumer instructs a business to transfer the consumer’s personal information from one business to another in the context of switching services.
(4) For purposes of Section 1798.111, identify the name of any candidate, committee, or the title of any ballot measure for which the consumer’s personal information was used for a political purpose and whether the consumer’s personal information was used to support or oppose the candidate or measure.
(5) For purposes of subdivision (b) of Section 1798.115:
(A) Identify the consumer and associate the information provided by the consumer in the verifiable consumer request to any personal information previously collected by the business about the consumer.
(B) Identify by category or categories the personal information of the consumer that the business sold or shared during the applicable period of time by reference to the enumerated category in subdivision (c) that most closely describes the personal information, and provide the categories of third parties to whom the consumer’s personal information was sold or shared during the applicable period of time by reference to the enumerated category or categories in subdivision (c) that most closely describes the personal information sold or shared. The business shall disclose the information in a list that is separate from a list generated for the purposes of subparagraph (C).
(C) Identify by category or categories the personal information of the consumer that the business disclosed for a business purpose during the applicable period of time by reference to the enumerated category or categories in subdivision (c) that most closely describes the personal information, and provide the categories of persons to whom the consumer’s personal information was disclosed for a business purpose during the applicable period of time by reference to the enumerated category or categories in subdivision (c) that most closely describes the personal information disclosed. The business shall disclose the information in a list that is separate from a list generated for the purposes of subparagraph (B).
(6) Disclose the following information in its online privacy policy or policies if the business has an online privacy policy or policies and in any California-specific description of consumers’ privacy rights, or if the business does not maintain those policies, on its internet website, and update that information at least once every 12 months:
(A) A description of a consumer’s rights pursuant to Sections 1798.100, 1798.105, 1798.106, 1798.110, 1798.111, 1798.115, and 1798.125 and two or more designated methods for submitting requests, except as provided in subparagraph (A) of paragraph (1) of subdivision (a).
(B) For purposes of subdivision (c) of Section 1798.110:
(i) A list of the categories of personal information it has collected about consumers in the preceding 12 months by reference to the enumerated category or categories in subdivision (c) that most closely describe the personal information collected.
(ii) The categories of sources from which consumers’ personal information is collected.
(iii) The business or commercial purpose for collecting, selling, or sharing consumers’ personal information.
(iv) The categories of third parties to whom the business discloses consumers’ personal information.
(C) For purposes of paragraphs (1) and (2) of subdivision (c) of Section 1798.115, two separate lists:
(i) A list of the categories of personal information it has sold or shared about consumers in the preceding 12 months by reference to the enumerated category or categories in subdivision (c) that most closely describe the personal information sold or shared, or if the business has not sold or shared consumers’ personal information in the preceding 12 months, the business shall prominently disclose that fact in its privacy policy.
(ii) A list of the categories of personal information it has disclosed about consumers for a business purpose in the preceding 12 months by reference to the enumerated category in subdivision (c) that most closely describes the personal information disclosed, or if the business has not disclosed consumers’ personal information for a business purpose in the preceding 12 months, the business shall disclose that fact.
(7) Ensure that all individuals responsible for handling consumer inquiries about the business’ privacy practices or the business’ compliance with this title are informed of all requirements in Sections 1798.100, 1798.105, 1798.106, 1798.110, 1798.111, 1798.115, 1798.125, and this section, and how to direct consumers to exercise their rights under those sections.
(8) Use any personal information collected from the consumer in connection with the business’ verification of the consumer’s request solely for the purposes of verification and shall not further disclose the personal information, retain it longer than necessary for purposes of verification, or use it for unrelated purposes.
(b) A business is not obligated to provide the information required by Sections 1798.110, 1798.111, and 1798.115 to the same consumer more than twice in a 12-month period.
(c) The categories of personal information required to be disclosed pursuant to Sections 1798.100, 1798.110, and 1798.115 shall follow the definitions of personal information and sensitive personal information in Section 1798.140 by describing the categories of personal information using the specific terms set forth in subparagraphs (A) to (K), inclusive, of paragraph (1) of subdivision (v) of Section 1798.140 and by describing the categories of sensitive personal information using the specific terms set forth in paragraphs (1) to (9), inclusive, of subdivision (ae) of Section 1798.140.

SEC. 4.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

SEC. 5.SEC. 4.

 The Legislature finds and declares that this act furthers the purposes and intent of The California Privacy Rights Act of 2020.