Bill Text: CA AB1281 | 2019-2020 | Regular Session | Amended
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
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
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Amended
IN
Assembly
April 12, 2019 |
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Amended
IN
Assembly
April 10, 2019 |
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Amended
IN
Assembly
April 02, 2019 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
| Assembly Bill | No. 1281 |
| Introduced by Assembly Member Chau (Coauthors: Senators Nielsen and Wieckowski) |
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 bill, commencing on July 1, 2020, 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 bill, commencing on July 1, 2020, would make a business that violates these provisions liable for specified civil penalties.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill 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 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.
(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.
