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SB-1400 Reproductive health care services: online privacy.(2021-2022)



Current Version: 03/16/22 - Amended Senate

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SB1400:v98#DOCUMENT

Amended  IN  Senate  March 16, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 1400

Introduced by Senator Kamlager

February 18, 2022

An act to add Section 12803.1 to the Government Code, relating to the California Health and Human Services Agency. An act to amend Section 6218 of the Government Code, relating to reproductive health care services.


LEGISLATIVE COUNSEL'S DIGEST


SB 1400, as amended, Kamlager. California Health and Human Services Agency: Inspector General. Reproductive health care services: online privacy.
(1) Existing law prohibits a person, business, or association from knowingly publicly posting or publicly displaying, disclosing, or distributing on internet websites or on social media, the personal information or image of any reproductive health care services patient, provider, or assistant, or other individuals residing at the same home address with the intent to incite a 3rd person to cause imminent great bodily harm to the person identified in the posting or display, or to a coresident of that person, as specified, or to threaten the person identified in the posting or display, or a coresident of that person, as specified. Existing law establishes a cause of action for injunctive or declarative relief and for damages for a violation of this prohibition. Under existing law, if a jury or court finds that a violation has occurred, it is required to award damages to that individual in an amount up to a maximum of 3 times the actual damages, but in no case less than $4,000.
This bill would increase the damages to no less than $25,000.
(2) Existing law also prohibits a person, business, or association from publicly posting or publicly displaying, disclosing, or distributing, on internet websites or on social media, the personal information or image of a reproductive health care services patient, provider, or assistant if that individual, or any individual, entity, or organization authorized to act on their behalf, has made a written demand to not disclose the personal information or image. Existing law establishes a cause of action for injunctive or declarative relief for a violation of this prohibition, but does not include a cause of action for damages.
This bill would authorize a reproductive health care services patient, provider, or assistant whose personal information or image is made public in violation of this prohibition to bring an action for money damages and would require a jury or court that finds that a violation has occurred to award damages to the individual in an amount up to a maximum of 3 times the actual damages, but in no case less than $25,000.
(3) Existing law additionally prohibits a person, business, or association from soliciting, selling, or trading on the internet or social media the personal information or image of a reproductive health care services patient, provider, or assistant with the intent described in paragraph (1) above. Existing law establishes a cause of action for damages for a violation of this prohibition, and requires a jury or court that finds that a violation has occurred to award damages to that individual in an amount up to a maximum of 3 times the actual damages, but in no case less than $4,000. Existing law does not include a cause of action for injunctive or declarative relief for a violation of this prohibition.
This bill would increase the damages to no less than $25,000. The bill would authorize a reproductive health care services patient, provider, or assistant whose personal information or image is solicited, sold, or traded in violation of this prohibition to bring an action seeking injunctive or declarative relief. The bill would authorize a jury or court that finds that a violation has occurred to grant injunctive or declarative relief and would require the jury or court to award the successful plaintiff court costs and reasonable attorney’s fees.

Existing law establishes the California Health and Human Services Agency, which includes the State Department of Public Health and the State Department of Social Services, among other state departments, and is charged with the administration of health, social, and other human services.

This bill would establish the Office of Inspector General within the California Health and Human Services Agency, and would require the Governor to appoint the Inspector General, subject to confirmation by the Senate. The bill would require the Inspector General to be responsible for contemporaneous oversight of internal affairs investigations and the disciplinary process of the agency and the departments within the agency, and would prescribe requirements relating to audits and reviews.

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: YESNO   Local Program: NO  

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


SECTION 1.

 Section 6218 of the Government Code is amended to read:

6218.
 (a) (1) A person, business, or association shall not knowingly publicly post or publicly display, disclose, or distribute on internet websites or social media, the personal information or image of any reproductive health care services patient, provider, or assistant, or other individuals residing at the same home address with the intent to do either of the following:
(A) Incite a third person to cause imminent great bodily harm to the reproductive health care services patient, provider, or assistant identified in the posting or display, or to a coresident of that person, where the third person is likely to commit this harm.
(B) Threaten the reproductive health care services patient, provider, or assistant, identified in the posting or display, or a coresident of that person, in a manner that places the person identified or the coresident in objectively reasonable fear for their personal safety.
(2) A reproductive health care services patient, provider, or assistant whose personal information or image is made public as a result of a violation of paragraph (1), or any individual entity or organization authorized to act on their behalf, may do either or both of the following:
(A) Bring an action seeking injunctive or declarative relief in any a court of competent jurisdiction. If a jury or court finds that a violation has occurred, it may grant injunctive or declarative relief and shall award the successful plaintiff court costs and reasonable attorney’s fees.
(B) Bring an action for money damages in any a court of competent jurisdiction. In addition to any other legal rights or remedies, if a jury or court finds that a violation has occurred, it shall award damages to that individual in an amount up to a maximum of three times the actual damages, but in no case less than four twenty-five thousand dollars ($4,000). ($25,000).
(b) (1) A person, business, or association shall not publicly post or publicly display, disclose, or distribute, on internet websites or social media, the personal information or image of a reproductive health care services patient, provider, or assistant if that individual, or any individual, entity, or organization authorized to act on their behalf, has made a written demand of that person, business, or association to not disclose the personal information or image. A written demand made under this paragraph shall include a statement declaring that the individual is subject to the protection of this section and describing a reasonable fear for the safety of that individual or of any person residing at the individual’s home address, based on a violation of subdivision (a). A demand made under this paragraph shall be effective for four years, regardless of whether or not the individual’s affiliation with a reproductive health services facility has expired prior to the end of the four-year period.
(2) A reproductive health care services patient, provider, or assistant whose personal information or image is made public as a result of a failure to honor a demand made pursuant to paragraph (1), or any individual, entity, or organization authorized to act on their behalf, may bring do either or both of the following:
(A) Bring an action seeking injunctive or declarative relief in any a court of competent jurisdiction. If a jury or court finds that a violation has occurred, it may grant injunctive or declarative relief and shall award the successful plaintiff court costs and reasonable attorney’s fees.
(B) Bring an action for money damages in any court of competent jurisdiction. In addition to any other legal rights or remedies, if a jury or court finds that a violation has occurred, it shall award damages to that individual in an amount up to a maximum of three times the actual damages, but in no case less than twenty-five thousand dollars ($25,000).
(3) This subdivision does not apply to a person or entity defined in Section 1070 of the Evidence Code.
(c) (1) A person, business, or association shall not solicit, sell, or trade on the internet or social media the personal information or image of a reproductive health care services patient, provider, or assistant with the intent to do either of the following:
(A) Incite a third person to cause imminent great bodily harm to the person identified in the posting or display, or to a coresident of that person, where the third person is likely to commit this harm.
(B) Threaten the person identified in the posting or display, or a coresident of that person, in a manner that places the person identified or the coresident in objectively reasonable fear for their personal safety.
(2) A reproductive health care services patient, provider, or assistant whose personal information or image is solicited, sold, or traded in violation of paragraph (1), or any individual, entity, or organization authorized to act on their behalf, may bring do either or both of the following:
(A) Bring an action seeking injunctive or declarative relief in a court of competent jurisdiction. If a jury or court finds that a violation has occurred, it may grant injunctive or declarative relief and shall award the successful plaintiff court costs and reasonable attorney’s fees.
(B) Bring an action for money damages in any a court of competent jurisdiction. In addition to any other legal rights and remedies, if a jury or court finds that a violation has occurred, it shall award damages to that individual in an amount up to a maximum of three times the actual damages, but in no case less than four twenty-five thousand dollars ($4,000). ($25,000).
(d) An interactive computer service or access software provider, as defined in Section 230(f) of Title 47 of the United States Code, shall not be liable under this section unless the service or provider intends to abet or cause bodily harm that is likely to occur or threatens to cause bodily harm to a reproductive health care services patient, provider, or assistant, or any person residing at the same home address.
(e) This section does not preclude punishment under any other provision of law.

SECTION 1.Section 12803.1 is added to the Government Code, to read:
12803.1.

(a)The Office of Inspector General is hereby established within the California Health and Human Services Agency. The Governor shall appoint the Inspector General, subject to confirmation by the Senate.

(b)The Inspector General shall be responsible for contemporaneous oversight of internal affairs investigations and the disciplinary process of the agency and the departments within the agency pursuant to policies to be developed by the Inspector General.

(c)When requested by the Governor, the Senate Committee on Rules, or the Speaker of the Assembly, the Inspector General shall initiate an audit or review of policies, practices, and procedures of the agency or one of its departments. The Inspector General may, under policies developed by the Inspector General, initiate an audit or review on the Inspector General’s own accord. Following a completed audit or review, the Inspector General may perform a followup audit or review to determine what measures the agency or the department under audit or review implemented to address the Inspector General’s findings and to assess the effectiveness of those measures.

(d)(1)Upon completion of an audit or review pursuant to subdivision (c), the Inspector General shall prepare a complete written report, which may be held as confidential and disclosed in confidence, along with all underlying materials the Inspector General deems appropriate, to the agency, the department under audit or review, and to the requesting entity in subdivision (c), when applicable.

(2)The Inspector General shall also prepare a public report. When necessary, the public report shall differ from the complete written report in the respect that the Inspector General shall have the discretion to redact or otherwise protect the names of individuals, specific locations, or other facts that, if not redacted, might hinder prosecution related to the review, compromise the safety and security of staff, program beneficiaries, or members of the public, or if disclosure of the information is otherwise prohibited by law, and to decline to produce any of the underlying materials. Copies of public reports shall be posted on the Office of the Inspector General’s internet website.

(e)The Inspector General shall, during the course of an audit or review, identify areas of full and partial compliance, or noncompliance, with agency or departmental policies and procedures, specify deficiencies in the completion and documentation of processes, and recommend corrective actions, including, but not limited to, additional training, additional policies, or changes in policy, as well as any other findings or recommendations that the Inspector General deems appropriate.

SEC. 2.

The Legislature finds and declares that Section 1 of this act, which adds Section 12803.1 to the Government 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 protect the investigation and privacy of certain individuals in the written reports, it is necessary that some information be kept confidential.