Bill Text: CA AB1281 | 2019-2020 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Privacy: California Consumer Privacy Act of 2018.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2020-09-29 - Chaptered by Secretary of State - Chapter 268, Statutes of 2020. [AB1281 Detail]

Download: California-2019-AB1281-Introduced.html

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CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 1281

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Introduced by Assembly Member Chau

February 21, 2019

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An act to add Title 1.81.7 (commencing with Section 1798.300) to Part 4 of Division 3 of the Civil Code, relating to privacy.

LEGISLATIVE COUNSEL'S DIGEST

AB 1281, as introduced, Chau. Privacy: facial recognition technology: disclosure.

Existing law, the California Consumer Privacy Act of 2018, grants, commencing on January 1, 2020, a consumer various rights with regard to personal information relating to that consumer that is held by a business. The act requires a business that collects personal information about a consumer to disclose the consumer’s right to delete personal information in a form that is reasonably accessible to consumers and in accordance with a specified process. Existing law makes the engagement in unfair competition punishable by civil penalties or injunctions, as specified.

Existing law, the Unfair Competition Law, makes various business practices unlawful and provides statutory penalties for any person who engages, has engaged, or proposes to engage in unfair competition.

This bill would require a business in California that uses facial recognition technology to disclose that usage in a physical sign that is clear and conspicuous at the entrance of every location that uses facial recognition technology, as defined. The bill would consider a violation of these provisions to be unfair competition within the meaning of the Unfair Competition Law, and would authorize these provisions to be enforced consistent with that law.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

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

SECTION 1.

 Title 1.81.7 (commencing with Section 1798.300) is added to Part 4 of Division 3 of the Civil Code, to read:

TITLE 1.81.7. Facial Recognition Technology Disclosure

1798.300.

 (a) For the purposes of this title:

(1) “Clear and conspicuous” means in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols and other marks that call attention to the language.

(2) “Facial recognition technology” means a software application used to automatically identify an individual from a digital image or video frames.

(b) A business in California that uses facial recognition technology shall disclose the usage of facial recognition technology in a physical sign at the entrance of every location that uses facial recognition technology. This sign shall be clear and conspicuous.

(c) (1) A violation of this section shall be considered unfair competition within the meaning of Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.

(2) One violation of this section shall occur for each day the disclosure required under subdivision (b) is not made.