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SB-346 In-vehicle cameras.(2021-2022)



Current Version: 02/09/21 - Introduced Compare Versions information image


SB346:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 346


Introduced by Senator Wieckowski

February 09, 2021


An act to add Chapter 36 (commencing with Section 22948.50) to Division 8 of the Business and Professions Code, relating to business.


LEGISLATIVE COUNSEL'S DIGEST


SB 346, as introduced, Wieckowski. In-vehicle cameras.
Existing law prohibits a person or entity from providing the operation of a voice recognition feature within this state without prominently informing, during the initial setup or installation of a connected television, either the user or the person designated by the user to perform the initial setup or installation of the connected television. Existing law further prohibits any actual recordings of spoken word collected through the operation of a voice recognition feature by the manufacturer of a connected television, or a third party contracting with a manufacturer of a connected television, 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 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 prohibit a person or entity from providing the operation of an in-vehicle camera within this state without prominently informing the user or the person designated by the user to purchase the vehicle. The bill would further prohibit any video recording collected through the operation of an in-vehicle camera by the manufacturer from being used for any advertising purpose or shared with, or sold to, any third party. The bill would also prohibit any recording obtained through operation of an in-vehicle camera by the manufacturer from being retained at any location other than the vehicle itself without the affirmative written or electronic consent of the user. The bill would prohibit a person or entity from compelling a manufacturer or other entity providing the operation of an in-vehicle camera to build specific features for the purpose of allowing an investigative or law enforcement officer to monitor images through that feature. The bill would prohibit a waiver of these protections, and would authorize their enforcement by injunction or civil penalty in a court of competent jurisdiction by the Attorney General or a district attorney.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Chapter 36 (commencing with Section 22948.50) is added to Division 8 of the Business and Professions Code, to read:
CHAPTER  36. In-Vehicle Cameras

22948.50.
 (a) A person or entity shall not provide the operation of an in-vehicle camera within this state without prominently informing, during the purchase of the vehicle, either the user or the person designated by the user to purchase the vehicle.
(b) Any video recording collected or retained through the operation of an in-vehicle camera by the manufacturer of the vehicle shall not be used for any of the following purposes:
(1) Any advertising.
(2) Share with, or sell to, a third party.
(3) Retain at any location, other than the vehicle itself, unless the user first provides affirmative written or electronic consent.
(c) A person or entity shall not compel a manufacturer or other entity providing the operation of an in-vehicle camera to build specific features for the purpose of allowing an investigative or law enforcement officer to monitor communications through that feature.

22948.51.
 For purposes of this chapter, the following definitions shall apply:
(a) “In-vehicle camera” means any device included as part of a vehicle by the manufacturer that is designed to, or is capable of, recording images or video inside the cabin of the vehicle.
(b) “User” means a person who originally purchases, leases, or takes ownership of a vehicle equipped with an in-vehicle camera. A person who is incidentally recorded when a vehicle is operated by a user shall not be deemed to be a user.

22948.52.
 Any waiver of the provisions of this chapter is contrary to public policy and void and unenforceable.

22948.53.
 (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 vehicle equipped with an in-vehicle camera 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.

22948.54.
 The remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of the state.

22948.55.
 The provisions of this chapter are severable. If any provision of this chapter or its application is held to be invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.