Privacy Legislation
Many bills on privacy issues are considered by the California Legislature each year. This page lists some of the currently pending bills. To get more information on the bills and their status, click on the link below and enter the bill number.
Current
Privacy Legislation
www.leginfo.ca.gov/bilinfo.html
2006 Privacy Legislation Enacted
Unless otherwise noted, all laws go into effect January 1, 2007.
Data Collection/Use Limits
SB 202 (Simitian) - Telephone Record “Pretexting”
This law prohibits the purchase or sale of any telephone
calling pattern record or list without the written
consent of the subscriber. Penal Code § 638
SB 506 (Poochigian) – Voter Privacy
If authorized by a local board of supervisors, a local
election official must make the voter registration
information of specified public safety officials confidential,
upon application. The application of a public safety
official for confidentiality would be a public record.
The law also includes a voter’s signature on
a voter registration card as part of confidential voter
registration information and adds state and federal
judges and court commissioners to the definition of
public safety officials entitled to remove their home
addresses and telephone numbers from public posting
on the Internet. Elections Code §§ 2194,
8105, 8202, 8204, 2166.7, and 8023, Government Code
6254.24
SB 1364 (Battin) - Addresses on Marriage Licenses
This allows the parties or witnesses to a marriage
to use a business address or a post office box
rather than a residential address on a marriage
license and certificate of registry. Family Code § 351.5
SB 1491 (Kuehl) - Domestic Violence Victim Privacy
This law prohibits a domestic violence victim service
provider from being required to reveal the personally
identifying information of its clients or potential
clients as a part of applying for or receiving grants
or financial assistance for its services. It defines “victim
service provider” to mean a non-governmental
organization that provides shelter or services to
victims of domestic violence. Civil Code § 1798.79.8
SB 1699 (Bowen) - Credit/Debit Card Number Truncation
This law amends existing law requiring printing of
no more than the last five digits or the expiration
date on electronically generated credit card receipts
to cover copies retained by merchants, in addition
to customer copies. Civil Code § 1747.09 Effective January 1, 2009
Identity Theft
AB 424 (Calderon) – Identity Theft: Personal Information
This law expands the definition of an identity theft
victim to include a firm, association, organization,
partnership, business trust, company, corporation,
limited liability company, or public entity. Penal
Code §§ 530.5, 530.6, & 530.8 Effective
February 25, 2006.
AB 618 (Cogdill) – Financial Crime
This law provides that a law enforcement agency may
request, and a bank, credit union, or savings association
must then provide, surveillance photographs and video
recordings of a person accessing a crime victim's
financial account via an ATM or from within the financial
institution, as specified. Government Code § 7480
AB 2043 (Committee on Banking and Finance) – Identity Theft: Debt Collection
This law provides a firm, association, organization,
partnership, business trust, company, corporation,
or limited liability company with the same rights as
an individual to contest any debt that has resulted
from identity theft. Civil Code §§ 1788.2
and 1788.18
AB 2886 (Frommer) – Identity Theft Penalties
This law creates new crimes and penalties related to
identity. Among other things, it provides the following:
1) enhanced penalties for those previously convicted
of identity theft, 2) requirement that court records
reflect that the person whose identity was used to
commit the crime did not commit it, 3) enhanced penalties
for fraudulently acquiring or possessing personal
identifying information of 10 or more people, 4)
penalties for selling, transferring, or conveying
personal information with knowledge that it will
be used to commit identity theft or with intent to
defraud, 5) state penalty for mail theft, and 6)
addition of professional or occupational number to
definition of personal identifying information. Penal
Code §§ 530.5 and 530.55
SB 1390 (Poochigian) – Identity Theft Crime Statistics
This law requires the Department of Justice to include
information on arrests for identity theft crimes in
the annual report on criminal statistics provided to
the Governor. Penal Code § 13012.6
Information Security
AB 2291 (Evans) – Motor Vehicle Dealer Data Access
This law prohibits auto manufacturers and distributors
from accessing, modifying, or extracting information
from an auto dealer’s computer system without
providing safeguards to protect that information. It
also prohibits a computer vendor from accessing, modifying,
or extracting information from an auto dealer’s
computer system without first obtaining the dealer’s
express consent and providing safeguards to protect
that information. Vehicle Code §§ 11713.3
and 11713.25
AB 2415 (Nuñez) – Wireless NetworkSecurity
This law requires devices that include an integrated
and enabled wireless access point that are manufactured
on or after October 1, 2007, to include a warning
that advises consumers about how to protect their
personal information and mitigate unauthorized use
of their Internet access, and provide other specified
protection measures. Business & Professions Code §§ 22948.5-22948.7
Online Privacy
AB 2005 (Emmerson) – Online Privacy: Public Safety Officials
This law adds new categories of public safety officials
to those who may have their home addresses and phone
numbers removed from posting on the Internet. Government
Code § 6254.24
AB 2251 (Evans) – Online Privacy: ReproductiveHealth Care
This law protects the personal safety of reproductive
health care providers, employees, volunteers, and patients
by prohibiting the posting of any such person’s
home address, phone number, or image on the Internet,
under specified circumstances. Government Code § 6218
et seq.
Legislation chaptered in 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007
