Bill Text: CA AB1391 | 2021-2022 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Unlawfully obtained data.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2021-10-06 - Chaptered by Secretary of State - Chapter 594, Statutes of 2021. [AB1391 Detail]
Download: California-2021-AB1391-Introduced.html
Bill Title: Unlawfully obtained data.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2021-10-06 - Chaptered by Secretary of State - Chapter 594, Statutes of 2021. [AB1391 Detail]
Download: California-2021-AB1391-Introduced.html
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 1391
Introduced by Assembly Member Chau |
February 19, 2021 |
An act to add Section 1724 to the Civil Code, relating to privacy.
LEGISLATIVE COUNSEL'S DIGEST
AB 1391, as introduced, Chau.
Compromised data.
Existing law, the California Consumer Privacy Act of 2018, authorizes a consumer whose nonencrypted and nonredacted personal information, as defined, is subject to an unauthorized access and exfiltration, theft, or disclosure as a result of a business’ 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, as specified.
This bill would make it unlawful for a person to sell, purchase, or utilize data, as defined, that the person knows or reasonably should know is compromised data. The bill would define the term “compromised data” to mean data that has been obtained or accessed pursuant to the commission of a crime.
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.
Section 1724 is added to the Civil Code, to read:1724.
(a) As used in this section, “compromised data” means data, as defined in Section 502 of the Penal Code, that has been obtained or accessed pursuant to the commission of a crime.(b) It is unlawful for a person to sell, purchase, or utilize data that the person knows or reasonably should know is compromised data.