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AB-2388 Information Practices Act of 1977: personal information.(2023-2024)



Current Version: 04/10/24 - Amended Assembly

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AB2388:v98#DOCUMENT

Amended  IN  Assembly  April 10, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2388

Introduced by Assembly Member Joe Patterson

February 12, 2024

An act to amend Section Sections 1798.3 and 1798.60 of the Civil Code, relating to personal information.


LEGISLATIVE COUNSEL'S DIGEST


AB 2388, as amended, Joe Patterson. Information Practices Act of 1977. 1977: personal information.
Existing law, the Information Practices Act of 1977, prescribes a set of requirements, prohibitions, and remedies applicable to certain state agencies with regard to their collection, storage, and disclosure of personal information. Existing law defines personal information, for these purposes, to mean any information maintained by an agency that identifies or describes an individual, including, among other things, financial matters, and medical or employment history. Under existing law, a person who willfully requests or obtains any record containing personal information from an agency under false pretenses is guilty of a misdemeanor.
This bill would revise the definition of personal information to mean any information that identifies, relates to, describes, or is capable of being associated with a particular individual, including, among other things, any other financial information, medical information, or health insurance information. Because the bill would expand the definition of a crime, the bill would impose a state-mandated local program.

The Information Practices Act of 1977

Existing law prohibits an individual’s name and address from being distributed for commercial purposes, sold, or rented by an agency, as defined, unless that action is specifically authorized by law.
This bill would instead prohibit an individual’s name and address personal information, as defined, from being distributed, sold, or rented by an agency for any purpose that has financial gain unless that action is specifically authorized by law. The bill would make other nonsubstantive 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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


SECTION 1.

 Section 1798.3 of the Civil Code is amended to read:

1798.3.
 As used in this chapter:
(a) The term “personal information” means any information that is maintained by an agency that identifies or describes an identifies, relates to, describes, or is capable of being associated with a particular individual, including, but not limited to, the individual’s name, signature, social security number, physical characteristics or description, home address, home telephone number, passport number, driver’s license or state identification card number, vehicle registration information, license plate number, insurance policy number, education, financial matters, and medical or employment history. employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. It includes statements made by, or attributed to, the individual.
(b) The term “agency” means every state office, officer, department, division, bureau, board, commission, or other state agency, except that the term agency shall not include:
(1) The California Legislature.
(2) Any agency established under Article VI of the California Constitution.
(3) The State Compensation Insurance Fund, except as to any records that contain personal information about the employees of the State Compensation Insurance Fund.
(4) A local agency, as defined in Section 7920.510 of the Government Code.
(c) The term “disclose” means to disclose, release, transfer, disseminate, or otherwise communicate all or any part of any record orally, in writing, or by electronic or any other means to any person or entity.
(d) The term “individual” means a natural person.
(e) The term “maintain” includes maintain, acquire, use, or disclose.
(f) The term “person” means any natural person, corporation, partnership, limited liability company, firm, or association.
(g) The term “record” means any file or grouping of information about an individual that is maintained by an agency by reference to an identifying particular such as the individual’s name, photograph, finger or voice print, or a number or symbol assigned to the individual.
(h) The term “system of records” means one or more records, which pertain to one or more individuals, which is maintained by any agency, from which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to the individual.
(i) The term “governmental entity,” except as used in Section 1798.26, means any branch of the federal government or of the local government.

(j)The term “commercial purpose” means any purpose that has financial gain as a major objective. It does not include the gathering or dissemination of newsworthy facts by a publisher or broadcaster.

(k)

(j) The term “regulatory agency” means the Department of Financial Protection and Innovation, the Department of Insurance, the Bureau Department of Real Estate, and agencies of the United States or of any other state responsible for regulating financial institutions.

SECTION 1.SEC. 2.

 Section 1798.60 of the Civil Code is amended to read:

1798.60.
 An individual’s name and address Personal information shall not be distributed sold, or rented by an agency for any purpose that has financial gain unless that action is specifically authorized by law.

SEC. 3.

 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.