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

California Assembly Bill 1281 (Prior Session Legislation)

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

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-Amended.html

Amended IN Assembly April 10, 2019

Amended IN Assembly April 02, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 1281

Introduced by Assembly Member Chau

February 21, 2019

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 amended, 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.

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 make a business that violates these provisions liable for specified civil penalties. The bill would authorize the Attorney General, a district attorney, a county counsel, a city attorney, or a city prosecutor to bring a civil action to collect these penalties, as specified, and if the Attorney General brings the action, would require that one-half of the penalties collected be paid to the treasurer of the county in which the judgment was entered, and one-half to the General Fund.

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

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 business that fails to comply with subdivision (b) shall be liable for a civil penalty of up to seventy-five dollars ($75) for each violation, not to exceed seven thousand five hundred dollars ($7,500) annually or 1 percent of the net income of the business, whichever is higher. That penalty shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, by a district attorney, county counsel, or city attorney, or by a city prosecutor in a city having a full-time city prosecutor, in a court of competent jurisdiction. annually.

(2)If the action is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the General Fund. If the action is brought by a district attorney or county counsel, the penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If the action is brought by a city attorney or city prosecutor, one-half of the penalty collected shall be paid to the treasurer of the city in which the judgment was entered, and one-half to the treasurer of the county in which the judgment was entered.
~~(3)One violation of this section shall occur for each day the disclosure required under subdivision (b) is not made.~~
(2) Notwithstanding the annual maximum penalty established in paragraph (1), an additional penalty of up to five thousand dollars ($5,000) per location annually may be assessed for knowing and willful violations.