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AB-1490 California Privacy Rights Act of 2020: California Privacy Protection Agency.(2021-2022)



Current Version: 05/06/21 - Amended Assembly

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AB1490:v98#DOCUMENT

Amended  IN  Assembly  May 06, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1490

Introduced by Assembly Member Chau

February 19, 2021

An act to amend Sections Section 1798.199.10 and 1798.199.15 of the Civil Code, relating to privacy.


LEGISLATIVE COUNSEL'S DIGEST


AB 1490, as amended, Chau. California Privacy Rights Act of 2020: California Privacy Protection Agency.
Existing law, 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 and vests it with full administrative power, authority, and jurisdiction to implement and enforce the California Consumer Privacy Act of 2018 (CCPA). Proposition 24 requires the agency to be governed by a 5-member board appointed, as specified, and provides that those appointments should be made from among Californians with expertise in the areas of privacy, technology, and consumer rights. Proposition 24 requires members of the board to have qualifications, experience, and skills, in particular in the areas of privacy and technology, required to perform the duties of the agency and exercise its powers.
This bill would require members of the board to additionally have qualification, experience, and skills in consumer rights. those appointments to be made from among Californians with expertise in the areas of privacy, technology, and consumer rights.
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: NO  

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


SECTION 1.

 Section 1798.199.10 of the Civil Code is amended to read:

1798.199.10.
 (a) There is hereby established in state government 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. The agency shall be governed by a five-member board, including the chairperson. The chairperson and one member of the board shall be appointed by the Governor. The Attorney General, Senate Rules Committee, and Speaker of the Assembly shall each appoint one member. These appointments shall be made from among Californians with expertise in the areas of privacy, technology, and consumer rights.
(b) The initial appointments to the agency shall be made within 90 days of the effective date of the act adding this section.

SEC. 2.Section 1798.199.15 of the Civil Code is amended to read:
1798.199.15.

Members of the agency board shall:

(a)Have qualifications, experience, and skills, in particular in the areas of privacy, technology, and consumer rights, required to perform the duties of the agency and exercise its powers.

(b)Maintain the confidentiality of information that has come to their knowledge in the course of the performance of their tasks or exercise of their powers, except to the extent that disclosure is required by the Public Records Act.

(c)Remain free from external influence, whether direct or indirect, and shall neither seek nor take instructions from another.

(d)Refrain from any action incompatible with their duties and engaging in any incompatible occupation, whether gainful or not, during their term.

(e)Have the right of access to all information made available by the agency to the chairperson.

(f)Be precluded, for a period of one year after leaving office, from accepting employment with a business that was subject to an enforcement action or civil action under this title during the member’s tenure or during the five-year period preceding the member’s appointment.

(g)Be precluded for a period of two years after leaving office from acting, for compensation, as an agent or attorney for, or otherwise representing, any other person in a matter pending before the agency if the purpose is to influence an action of the agency.

SEC. 3.SEC. 2.

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