1798.140.<\/strong><\/em><\/p>\nFor purposes of this title:<\/p>\n
(a) \u201cAggregate consumer information\u201d means information that relates to a group or category of consumers, from which individual consumer identities have been removed, that is not linked or reasonably linkable to any consumer or household, including via a device. \u201cAggregate consumer information\u201d does not mean one or more individual consumer records that have been de\u00adidentified.<\/p>\n
(b) \u201cBiometric information\u201d means an individual\u2019s physiological, biological or behavioral characteristics, including an individual\u2019s deoxyribonucleic acid (DNA), that can be used, singly or in combination with each other or with other identifying data, to establish individual identity. Biometric information includes, but is not limited to, imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information.<\/p>\n
(c) \u201cBusiness\u201d means:<\/p>\n
(1) A sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity that is organized or operated for the profit or financial benefit of its shareholders or other owners, that collects consumers\u2019 personal information, or on the behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers\u2019 personal information, that does business in the State of California, and that satisfies one or more of the following thresholds:<\/p>\n
(A) Has annual gross revenues in excess of twenty-five million dollars ($25,000,000), as adjusted pursuant to paragraph (5) of subdivision (a) of Section 1798.185.<\/p>\n
(B) Alone or in combination, annually buys, receives for the business’ commercial purposes, sells, or shares for commercial purposes, alone or in combination, the personal information of 50,000 or more consumers, households, or devices.<\/p>\n
(C) Derives 50 percent or more of its annual revenues from selling consumers\u2019 personal information.<\/p>\n
(2) Any entity that controls or is controlled by a business, as defined in paragraph (1), and that shares common branding with the business. \u201cControl\u201d or \u201ccontrolled\u201d means ownership of, or the power to vote, more than 50 percent of the outstanding shares of any class of voting security of a business; control in any manner over the election of a majority of the directors, or of individuals exercising similar functions; or the power to exercise a controlling influence over the management of a company. \u201cCommon branding\u201d means a shared name, servicemark, or trademark.<\/p>\n
(d) \u201cBusiness purpose\u201d means the use of personal information for the business\u2019 or a service provider\u2019s operational purposes, or other notified purposes, provided that the use of personal information shall be reasonably necessary and proportionate to achieve the operational purpose for which the personal information was collected or processed or for another operational purpose that is compatible with the context in which the personal information was collected. Business purposes are:<\/p>\n
(1) Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.<\/p>\n
(2) Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.<\/p>\n
(3) Debugging to identify and repair errors that impair existing intended functionality.<\/p>\n
(4) Short-term, transient use, provided the personal information that is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer\u2019s experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction.<\/p>\n
(5) Performing services on behalf of the business or service provider, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider.<\/p>\n
(6) Undertaking internal research for technological development and demonstration.<\/p>\n
(7) Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.<\/p>\n
(e) \u201cCollects,\u201d \u201ccollected,\u201d or \u201ccollection\u201d means buying, renting, gathering, obtaining, receiving, or accessing any personal information pertaining to a consumer by any means. This includes receiving information from the consumer, either actively or passively, or by observing the consumer\u2019s behavior.<\/p>\n
(f) \u201cCommercial purposes\u201d means to advance a person\u2019s commercial or economic interests, such as by inducing another person to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction. \u201cCommercial purposes\u201d do not include for the purpose of engaging in speech that state or federal courts have recognized as noncommercial speech, including political speech and journalism.<\/p>\n
(g) \u201cConsumer\u201d means a natural person who is a California resident, as defined in Section 17014 of Title 18 of the California Code of Regulations, as that section read on September 1, 2017, however identified, including by any unique identifier.<\/p>\n
(h) \u201cDeidentified\u201d means information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular consumer, provided that a business that uses deidentified information:<\/p>\n
(1) Has implemented technical safeguards that prohibit reidentification of the consumer to whom the information may pertain.<\/p>\n
(2) Has implemented business processes that specifically prohibit reidentification of the information.<\/p>\n
(3) Has implemented business processes to prevent inadvertent release of deidentified information.<\/p>\n
(4) Makes no attempt to reidentify the information.<\/p>\n
(i) \u201cDesignated methods for submitting requests\u201d means a mailing address, email address, Internet Web page, Internet Web portal, toll-free telephone number, or other applicable contact information, whereby consumers may submit a request or direction under this title, and any new, consumer-friendly means of contacting a business, as approved by the Attorney General pursuant to Section 1798.185.<\/p>\n
(j) \u201cDevice\u201d means any physical object that is capable of connecting to the Internet, directly or indirectly, or to another device.<\/p>\n
(k) \u201cHealth insurance information\u201d means a consumer\u2019s insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the consumer, or any information in the consumer\u2019s application and claims history, including any appeals records, if the information is linked or reasonably linkable to a consumer or household, including via a device, by a business or service provider.<\/p>\n
(l) \u201cHomepage\u201d means the introductory page of an Internet Web site and any Internet Web page where personal information is collected. In the case of an online service, such as a mobile application, homepage means the application\u2019s platform page or download page, a link within the application, such as from the application configuration, \u201cAbout,\u201d \u201cInformation,\u201d or settings page, and any other location that allows consumers to review the notice required by subdivision (a) of Section 1798.145, including, but not limited to, before downloading the application.<\/p>\n
(m) \u201cInfer\u201d or \u201cinference\u201d means the derivation of information, data, assumptions, or conclusions from facts, evidence, or another source of information or data.<\/p>\n
(n) \u201cPerson\u201d means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, and any other organization or group of persons acting in concert.<\/p>\n
(o) (1) \u201cPersonal information\u201d means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information includes, but is not limited to, the following:<\/p>\n
(A) Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier Internet Protocol address, email address, account name, social security number, driver\u2019s license number, passport number, or other similar identifiers.<\/p>\n
(B) Any categories of personal information described in subdivision (e) of Section 1798.80.<\/p>\n
(C) Characteristics of protected classifications under California or federal law.<\/p>\n
(D) Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.<\/p>\n
(E) Biometric information.<\/p>\n
(F) Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer\u2019s interaction with an Internet Web site, application, or advertisement.<\/p>\n
(G) Geolocation data.<\/p>\n
(H) Audio, electronic, visual, thermal, olfactory, or similar information.<\/p>\n
(I) Professional or employment-related information.<\/p>\n
(J) Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99).<\/p>\n
(K) Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer\u2019s preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.<\/p>\n
(2) \u201cPersonal information\u201d does not include publicly available information. For these purposes, \u201cpublicly available\u201d means information that is lawfully made available from federal, state, or local government records, if any conditions associated with such information. \u201cPublicly available\u201d does not mean biometric information collected by a business about a consumer without the consumer\u2019s knowledge. Information is not \u201cpublicly available\u201d if that data is used for a purpose that is not compatible with the purpose for which the data is maintained and made available in the government records or for which it is publicly maintained. \u201cPublicly available\u201d does not include consumer information that is deidentified or aggregate consumer information.<\/p>\n
(p) \u201cProbabilistic identifier\u201d means the identification of a consumer or a device to a degree of certainty of more probable than not based on any categories of personal information included in, or similar to, the categories enumerated in the definition of personal information.<\/p>\n
(q) \u201cProcessing\u201d means any operation or set of operations that are performed on personal data or on sets of personal data, whether or not by automated means.<\/p>\n
(r) \u201cPseudonymize\u201d or \u201cPseudonymization\u201d means the processing of personal information in a manner that renders the personal information no longer attributable to a specific consumer without the use of additional information, provided that the additional information is kept separately and is subject to technical and organizational measures to ensure that the personal information is not attributed to an identified or identifiable consumer.<\/p>\n
(s) \u201cResearch\u201d means scientific, systematic study and observation, including basic research or applied research that is in the public interest and that adheres to all other applicable ethics and privacy laws or studies conducted in the public interest in the area of public health. Research with personal information that may have been collected from a consumer in the course of the consumer\u2019s interactions with a business\u2019 service or device for other purposes shall be:<\/p>\n
(1) Compatible with the business purpose for which the personal information was collected.<\/p>\n
(2) Subsequently pseudonymized and deidentified, or deidentified and in the aggregate, such that the information cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular consumer.<\/p>\n
(3) Made subject to technical safeguards that prohibit reidentification of the consumer to whom the information may pertain.<\/p>\n
(4) Subject to business processes that specifically prohibit reidentification of the information.<\/p>\n
(5) Made subject to business processes to prevent inadvertent release of deidentified information.<\/p>\n
(6) Protected from any reidentification attempts.<\/p>\n
(7) Used solely for research purposes that are compatible with the context in which the personal information was collected.<\/p>\n
(8) Not be used for any commercial purpose.<\/p>\n
(9) Subjected by the business conducting the research to additional security controls limit access to the research data to only those individuals in a business as are necessary to carry out the research purpose.<\/p>\n
(t) (1) \u201cSell,\u201d \u201cselling,\u201d \u201csale,\u201d or \u201csold,\u201d means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer\u2019s personal information by the business to another business or a third party for monetary or other valuable consideration.<\/p>\n
(2) For purposes of this title, a business does not sell personal information when:<\/p>\n
(A) A consumer uses or directs the business to intentionally disclose personal information or uses the business to intentionally interact with a third party, provided the third party does not also sell the personal information, unless that disclosure would be consistent with the provisions of this title. An intentional interaction occurs when the consumer intends to interact with the third party, via one or more deliberate interactions. Hovering over, muting, pausing, or closing a given piece of content does not constitute a consumer\u2019s intent to interact with a third party.<\/p>\n
(B) The business uses or shares an identifier for a consumer who has opted out of the sale of the consumer\u2019s personal information for the purposes of alerting third parties that the consumer has opted out of the sale of the consumer\u2019s personal information.<\/p>\n
(C) The business uses or shares with a service provider personal information of a consumer that is necessary to perform a business purposes if both of the following conditions are met: services that the service provider performs on the business\u2019 behalf, provided that the service provider also does not sell the personal information.<\/p>\n
(i) The business has provided notice that information being used or shared in its terms and conditions consistent with Section 1798.135.<\/p>\n
(ii) The service provider does not further collect, sell, or use the personal information of the consumer except as necessary to perform the business purpose.<\/p>\n
(D) The business transfers to a third party the personal information of a consumer as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of the business provided that information is used or shared consistently with Sections 1798.110 and 1798.115. If a third party materially alters how it uses or shares the personal information of a consumer in a manner that is materially inconsistent with the promises made at the time of collection, it shall provide prior notice of the new or changed practice to the consumer. The notice shall be sufficiently prominent and robust to ensure that existing consumers can easily exercise their choices consistently with Section 1798.120. This subparagraph does not authorize a business to make material, retroactive privacy policy changes or make other changes in their privacy policy in a manner that would violate the Unfair and Deceptive Practices Act (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code).<\/p>\n
(u) \u201cService\u201d or \u201cservices\u201d means work, labor, and services, including services furnished in connection with the sale or repair of goods.<\/p>\n
(v) \u201cService provider\u201d means a sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity that is organized or operated for the profit or financial benefit of its shareholders or other owners, that processes information on behalf of a business and to which the business discloses a consumer\u2019s personal information for a business purpose pursuant to a written contract, provided that the contract prohibits the entity receiving the information from retaining, using, or disclosing the personal information for any purpose other than for the specific purpose of performing the services specified in the contract for the business, or as otherwise permitted by this title, including retaining, using, or disclosing the personal information for a commercial purpose other than providing the services specified in the contract with the business.<\/p>\n
(w) \u201cThird party\u201d means a person who is not any of the following:<\/p>\n
(1) The business that collects personal information from consumers under this title.<\/p>\n
(2) A person to whom the business discloses a consumer\u2019s personal information for a business purpose pursuant to a written contract, provided that the contract:<\/p>\n
(A) Prohibits the person receiving the personal information from:<\/p>\n
(i) Selling the personal information.<\/p>\n
(ii) Retaining, using, or disclosing the personal information for any purpose other than for the specific purpose of performing the services specified in the contract, including retaining, using, or disclosing the personal information for a commercial purpose other than providing the services specified in the contract.<\/p>\n
(iii) Retaining, using, or disclosing the information outside of the direct business relationship between the person and the business.<\/p>\n
(B) Includes a certification made by the person receiving the personal information that the person understands the restrictions in subparagraph (A) and will comply with them.
\nA person covered by paragraph (2) that violates any of the restrictions set forth in this title shall be liable for the violations. A business that discloses personal information to a person covered by paragraph (2) in compliance with paragraph (2) shall not be liable under this title if the person receiving the personal information uses it in violation of the restrictions set forth in this title, provided that, at the time of disclosing the personal information, the business does not have actual knowledge, or reason to believe, that the person intends to commit such a violation.<\/p>\n
(x) \u201cUnique identifier\u201d or \u201cUnique personal identifier\u201d means a persistent identifier that can be used to recognize a consumer, a family, or a device that is linked to a consumer or family, over time and across different services, including, but not limited to, a device identifier; an Internet Protocol address; cookies, beacons, pixel tags, mobile ad identifiers, or similar technology; customer number, unique pseudonym, or user alias; telephone numbers, or other forms of persistent or probabilistic identifiers that can be used to identify a particular consumer or device. For purposes of this subdivision, \u201cfamily\u201d means a custodial parent or guardian and any minor children over which the parent or guardian has custody.<\/p>\n
(y) \u201cVerifiable consumer request\u201d means a request that is made by a consumer, by a consumer on behalf of the consumer\u2019s minor child, or by a natural person or a person registered with the Secretary of State, authorized by the consumer to act on the consumer\u2019s behalf, and that the business can reasonably verify, pursuant to regulations adopted by the Attorney General pursuant to paragraph (7) of subdivision (a) of section 1798.185 to be the consumer about whom the business has collected personal information. A business is not obligated to provide information to the consumer pursuant to Sections 1798.110 and 1798.115 if the business cannot verify, pursuant this subdivision and regulations adopted by the Attorney General pursuant to paragraph (7) of subdivision (a) of section 1798.185, that the consumer making the request is the consumer about whom the business has collected information or is a person authorized by the consumer to act on such consumer\u2019s behalf.<\/p>\n
1798.145.<\/strong><\/em><\/p>\n(a) The obligations imposed on businesses by this title shall not restrict a business\u2019s ability to:<\/p>\n
(1) Comply with federal, state, or local laws.<\/p>\n
(2) Comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities.<\/p>\n
(3) Cooperate with law enforcement agencies concerning conduct or activity that the business, service provider, or third party reasonably and in good faith believes may violate federal, state, or local law.<\/p>\n
(4) Exercise or defend legal claims.<\/p>\n
(5) Collect, use, retain, sell, or disclose consumer information that is deidentified or in the aggregate consumer information.<\/p>\n
(6) Collect or sell a consumer\u2019s personal information if every aspect of that commercial conduct takes place wholly outside of California. For purposes of this title, commercial conduct takes place wholly outside of California if the business collected that information while the consumer was outside of California, no part of the sale of the consumer\u2019s personal information occurred in California, and no personal information collected while the consumer was in California is sold. This paragraph shall not permit a business from storing, including on a device, personal information about a consumer when the consumer is in California and then collecting that personal information when the consumer and stored personal information is outside of California.<\/p>\n
(b) The obligations imposed on businesses by Sections 1798.110 to 1798.135, inclusive, shall not apply where compliance by the business with the title would violate an evidentiary privilege under California law and shall not prevent a business from providing the personal information of a consumer to a person covered by an evidentiary privilege under California law as part of a privileged communication.<\/p>\n
(c) This act shall not apply to protected or health information that is collected by a covered entity governed by the Confidentiality of Medical Information Act (Part 2.6 (commencing with section 56 of Division 1)) or governed by the privacy, security, and breach notification rules issued by the federal Department of Health and Human Services, Parts 160 and 164 of Title 45 of the Code of Federal Regulations, established pursuant to the Health Insurance Portability and Availability Act of 1996. For purposes of this subdivision, the definition of \u201cmedical information\u201d in Section 56.05 shall apply and the definitions of \u201cprotected health information\u201d and \u201ccovered entity\u201d from the federal privacy rule shall apply.<\/p>\n
(d) This title shall not apply to the sale of personal information to or from a consumer reporting agency if that information is to be reported in, or used to generate, a consumer report as defined by subdivision (d) of Section 1681a of Title 15 of the United States Code, and use of that information is limited by the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.).<\/p>\n
(e) This title shall not apply to personal information collected, processed, sold, or disclosed pursuant to the federal Gramm-Leach-Bliley Act (Public Law 106-102), and implementing regulations, if it is in conflict with that law.<\/p>\n
(f) This title shall not apply to personal information collected, processed, sold, or disclosed pursuant to the Driver\u2019s Privacy Protection Act of 1994 (18 U.S.C. Sec. 2721 et seq.), if it is in conflict with that act.<\/p>\n
(g) Notwithstanding a business\u2019 obligations to respond to and honor consumer rights requests pursuant to this title:<\/p>\n
(1) A time period for a business to respond to any verified consumer request may be extended by up to 90 additional days where necessary, taking into account the complexity and number of the requests. The business shall inform the consumer of any such extension within 45 days of receipt of the request, together with the reasons for the delay.<\/p>\n
(2) If the business does not take action on the request of the consumer, the business shall inform the consumer, without delay and at the latest within the time period permitted of response by this section, of the reasons for not taking action and any rights the consumer may have to appeal the decision to the business.<\/p>\n
(3) If requests from a consumer are manifestly unfounded or excessive, in particular because of their repetitive character, a business may either charge a reasonable fee, taking into account the administrative costs of providing the information or communication or taking the action requested, or refuse to act on the request and notify the consumer of the reason for refusing the request. The business shall bear the burden of demonstrating that any verified consumer request is manifestly unfounded or excessive.<\/p>\n
(h) A business that discloses personal information to a service provider shall not be liable under this title if the service provider receiving the personal information uses it in violation of the restrictions set forth in the title, provided that, at the time of disclosing the personal information, the business does not have actual knowledge, or reason to believe, that the service provider intends to commit such a violation. A service provider shall likewise not be liable under this title for the obligations of a business for which it provides services as set forth in this title.<\/p>\n
(i) This title shall not be construed to require a business to reidentify or otherwise link information that is not maintained in a manner that would be considered personal information.<\/p>\n
(j) The rights afforded to consumers and the obligations imposed on the business in this title shall not adversely affect the rights and freedoms of other consumers.<\/p>\n
1798.150.<\/strong><\/em><\/p>\n(a) (1) Any consumer whose nonencrypted or nonredacted personal information, as defined in subparagraph (A) of paragraph (1) of subdivision (d) of Section 1798.81.5, is subject to an unauthorized access and exfiltration, theft, or disclosure as a result of the business\u2019 violation of the duty to implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal information may institute a civil action for any of the following:<\/p>\n
(A) To recover damages in an amount not less than one hundred dollars ($100) and not greater than seven hundred and fifty ($750) per consumer per incident or actual damages, whichever is greater.<\/p>\n
(B) Injunctive or declaratory relief.<\/p>\n
(C) Any other relief the court deems proper.<\/p>\n
(2) In assessing the amount of statutory damages, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant\u2019s misconduct, and the defendant\u2019s assets, liabilities, and net worth.<\/p>\n
(b) Actions pursuant to this section may be brought by a consumer if all of the following requirements are met:<\/p>\n
(1) Prior to initiating any action against a business for statutory damages on an individual or class-wide basis, a consumer shall provide a business 30 days\u2019 written notice identifying the specific provisions of this title the consumer alleges have been or are being violated. In the event a cure is possible, if within the 30 days the business actually cures the noticed violation and provides the consumer an express written statement that the violations have been cured and that no further violations shall occur, no action for individual statutory damages or class-wide statutory damages may be initiated against the business. No notice shall be required prior to an individual consumer initiating an action solely for actual pecuniary damages suffered as a result of the alleged violations of this title. If a business continues to violate this title in breach of the express written statement provided to the consumer under this section, the consumer may initiate an action against the business to enforce the written statement and may pursue statutory damages for each breach of the express written statement, as well as any other violation of the title that postdates the written statement.<\/p>\n
(2) A consumer bringing an action as defined in paragraph (1) of subdivision (c) shall notify the Attorney General within 30 days that the action has been filed.<\/p>\n
(3) The Attorney General, upon receiving such notice shall, within 30 days, do one of the following:<\/p>\n
(A) Notify the consumer bringing the action of the Attorney General\u2019s intent to prosecute an action against the violation. If the Attorney General does not prosecute within six months, the consumer may proceed with the action.<\/p>\n
(B) Refrain from acting within the 30 days, allowing the consumer bringing the action to proceed.<\/p>\n
(C) Notify the consumer bringing the action that the consumer shall not proceed with the action.<\/p>\n
(c) Nothing in this act shall be interpreted to serve as the basis for a private right of action under any other law. This shall not be construed to relieve any party from any duties or obligations imposed under other law or the United States or California Constitution.<\/p>\n
1798.155.<\/strong><\/em><\/p>\nAny business or third party may seek the opinion of the Attorney General for guidance on how to comply with the provisions of this title.<\/p>\n
(a) A business shall be in violation of this title if it fails to cure any alleged violation within 30 days after being notified of alleged noncompliance. Any business, service provider, or other person that violates this title shall be liable for a civil penalty as provided in Section 17206 of the Business and Professions Code in a civil action brought in the name of the people of the State of California by the Attorney General. The civil penalties provided for in this section shall be exclusively assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General.<\/p>\n
(b) Notwithstanding Section 17206 of the Business and Professions Code, any person, business, or service provider that intentionally violates this title may be liable for a civil penalty of up to seven thousand five hundred dollars ($7,500) for each violation.<\/p>\n
(c) Notwithstanding Section 17206 of the Business and Professions Code, any civil penalty assessed pursuant to Section 17206 for a violation of this title, and the proceeds of any settlement of an action brought pursuant to subdivision (a), shall be allocated as follows:<\/p>\n
(1) Twenty percent to the Consumer Privacy Fund, created within the General Fund pursuant to subdivision (a) of Section 1798.109, with the intent to fully offset any costs incurred by the state courts and the Attorney General in connection with this title.<\/p>\n
(2) Eighty percent to the jurisdiction on whose behalf the action leading to the civil penalty was brought.<\/p>\n
(d) It is the intent of the Legislature that the percentages specified in subdivision (c) be adjusted as necessary to ensure that any civil penalties assessed for a violation of this title fully offset any costs incurred by the state courts and the Attorney General in connection with this title, including a sufficient amount to cover any deficit from a prior fiscal year.<\/p>\n
1798.160.<\/strong><\/em><\/p>\n(a) A special fund to be known as the \u201cConsumer Privacy Fund\u201d is hereby created within the General Fund in the State Treasury, and is available upon appropriation by the Legislature to offset any costs incurred by the state courts in connection with actions brought to enforce this title and any costs incurred by the Attorney General in carrying out the Attorney General\u2019s duties under this title.<\/p>\n
(b) Funds transferred to the Consumer Privacy Fund shall be used exclusively to offset any costs incurred by the state courts and the Attorney General in connection with this title. These funds shall not be subject to appropriation or transfer by the Legislature for any other purpose, unless the Director of Finance determines that the funds are in excess of the funding needed to fully offset the costs incurred by the state courts and the Attorney General in connection with this title, in which case the Legislature may appropriate excess funds for other purposes.<\/p>\n
1798.175.<\/strong><\/em><\/p>\nThis title is intended to further the constitutional right of privacy and to supplement existing laws relating to consumers\u2019 personal information, including, but not limited to, Chapter 22 (commencing with Section 22575) of Division 8 of the Business and Professions Code and Title 1.81 (commencing with Section 1798.80). The provisions of this title are not limited to information collected electronically or over the Internet, but apply to the collection and sale of all personal information collected by a business from consumers. Wherever possible, law relating to consumers\u2019 personal information should be construed to harmonize with the provisions of this title, but in the event of a conflict between other laws and the provisions of this title, the provisions of the law that afford the greatest protection for the right of privacy for consumers shall control.<\/p>\n
1798.180.<\/strong><\/em><\/p>\nThis title is a matter of statewide concern and supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by a city, county, city and county, municipality, or local agency regarding the collection and sale of consumers\u2019 personal information by a business.<\/p>\n
1798.185.<\/strong><\/em><\/p>\n(a) On or before January 1, 2020, the Attorney General shall solicit broad public participation to adopt regulations to further the purposes of this title, including, but not limited to, the following areas:<\/p>\n
(1) Updating as needed additional categories of personal information to those enumerated in subdivision (c) of Section 1798.130 and subdivision (o) of Section 1798.140 in order to address changes in technology, data collection practices, obstacles to implementation, and privacy concerns.<\/p>\n
(2) Updating as needed the definition of unique identifiers to address changes in technology, data collection, obstacles to implementation, and privacy concerns, and additional categories to the definition of designated methods for submitting requests to facilitate a consumer\u2019s ability to obtain information from a business pursuant to Section 1798.130.<\/p>\n
(3) Establishing any exceptions necessary to comply with state or federal law, including, but not limited to, those relating to trade secrets and intellectual property rights, within one year of passage of this title and as needed thereafter.<\/p>\n
(4) Establishing rules and procedures for the following, within one year of passage of this title and as needed thereafter:<\/p>\n
(A) To facilitate and govern the submission of a request by a consumer to opt out of the sale of personal information pursuant to paragraph (1) of subdivision (a) of Section 1798.145.<\/p>\n
(B) To govern business compliance with a consumer\u2019s opt-out request.<\/p>\n
(C) The development and use of a recognizable and uniform opt-out logo or button by all businesses to promote consumer awareness of the opportunity to opt out of the sale of personal information.<\/p>\n
(5) Adjusting the monetary threshold in subparagraph (A) of paragraph (1) of subdivision (b) of Section 1798.106 in January of every odd-numbered year to reflect any increase in the Consumer Price Index.<\/p>\n
(6) Establishing rules, procedures, and any exceptions necessary to ensure that the notices and information that businesses are required to provide pursuant to this title are provided in a manner that may be easily understood by the average consumer, are accessible to consumers with disabilities, and are available in the language primarily used to interact with the consumer, including establishing rules and guidelines regarding financial incentive offerings, within one year of passage of this title and as needed thereafter.<\/p>\n
(7) Establishing rules and procedures to further the purposes of Sections 1798.110 and 1798.115 and to facilitate a consumer\u2019s or the consumer\u2019s authorized agent\u2019s ability to obtain information pursuant to Section 1798.130, with the goal of minimizing the administrative burden on consumers, taking into account available technology, security concerns, and the burden on the business, to govern a business\u2019 determination that a request for information received by a consumer is a verifiable request, including treating a request submitted through a password-protected account maintained by the consumer with the business while the consumer is logged into the account as a verifiable request and providing a mechanism for a consumer who does not maintain an account with the business to request information through the business\u2019 authentication of the consumer\u2019s identity, within one year of passage of this title and as needed thereafter.<\/p>\n
(b) The Attorney General may adopt additional regulations as necessary to further the purposes of this title.<\/p>\n
1798.190.<\/strong><\/em><\/p>\nIf a series of steps or transactions were component parts of a single transaction intended from the beginning to be taken with the intention of avoiding the reach of this title, including the disclosure of information by a business to a third party in order to avoid the definition of sell, a court shall disregard the intermediate steps or transactions for purposes of effectuating the purposes of this title.<\/p>\n
1798.192.<\/strong><\/em><\/p>\nAny provision of a contract or agreement of any kind that purports to waive or limit in any way a consumer\u2019s rights under this title, including, but not limited to, any right to a remedy or means of enforcement, shall be deemed contrary to public policy and shall be void and unenforceable. This section shall not prevent a consumer from declining to request information from a business, declining to opt out of a business\u2019 sale of the consumer\u2019s personal information, or authorizing a business to sell the consumer\u2019s personal information after previously opting out.<\/p>\n
1798.194.<\/strong><\/em><\/p>\nThis title shall be liberally construed to effectuate its purposes.<\/p>\n
1798.196.<\/strong><\/em><\/p>\nThis title is intended to supplement federal and state law, if permissible, but shall not apply if such application is preempted by, or in conflict with, federal law or the California Constitution.<\/p>\n
1798.198.<\/strong><\/em><\/p>\n(a) Subject to limitation provided in subdivision (b), this title shall be operative January 1, 2020.<\/p>\n
(b) This act shall become operative only if initiative measure No. 17-0039, The Consumer Right to Privacy Act of 2018, is withdrawn from the ballot pursuant to Section 9604 of the Elections Code.<\/p>\n
SEC. 4.<\/strong><\/p>\n(a) The provisions of this bill are severable. If any provision of this bill or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.<\/p>\n","protected":false},"featured_media":0,"template":"","content_type":[795],"area-of-focus":[78],"_links":{"self":[{"href":"https:\/\/cdt.org\/wp-json\/wp\/v2\/insight\/81647"}],"collection":[{"href":"https:\/\/cdt.org\/wp-json\/wp\/v2\/insight"}],"about":[{"href":"https:\/\/cdt.org\/wp-json\/wp\/v2\/types\/insight"}],"version-history":[{"count":0,"href":"https:\/\/cdt.org\/wp-json\/wp\/v2\/insight\/81647\/revisions"}],"wp:attachment":[{"href":"https:\/\/cdt.org\/wp-json\/wp\/v2\/media?parent=81647"}],"wp:term":[{"taxonomy":"content_type","embeddable":true,"href":"https:\/\/cdt.org\/wp-json\/wp\/v2\/content_type?post=81647"},{"taxonomy":"area-of-focus","embeddable":true,"href":"https:\/\/cdt.org\/wp-json\/wp\/v2\/area-of-focus?post=81647"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
![\"\"](\"https:\/\/cdt.org\/wp\/..\/files\/2017\/06\/genius-web-annotator.png\")
<\/p>\n