Bill Text: CA AB1687 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Customer records: age information: commercial online entertainment employment service providers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-24 - Chaptered by Secretary of State - Chapter 555, Statutes of 2016. [AB1687 Detail]

Download: California-2015-AB1687-Amended.html

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BILL NUMBER: AB 1687	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 16, 2016
	AMENDED IN ASSEMBLY  MAY 5, 2016
	AMENDED IN ASSEMBLY  APRIL 25, 2016

INTRODUCED BY   Assembly Member Calderon

                        JANUARY 20, 2016

   An act to add Section 1798.83.5 to the Civil Code, relating to
personal data.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1687, as amended, Calderon. Customer records: age information:
commercial online entertainment employment service providers.
   Existing law requires a business that owns, licenses, or maintains
personal information about a California resident to implement and
maintain reasonable security procedures and practices appropriate to
the nature of the information, to protect the personal information
from unauthorized access, destruction, use, modification, or
disclosure. Existing law provides specified civil penalties for a
violation of these provisions.
   This bill would prohibit a commercial online entertainment
employment service provider that enters into a contractual agreement
to provide specified employment services to an individual paid
subscriber from publishing information about the subscriber's age
 in an online profile of the subscriber  and would require
the provider, within 5 days, to remove any information regarding the
subscriber's age  from an online profile of the subscriber 
from any Internet Web site under the provider's control if requested
by the subscriber. The bill would define terms for purposes of these
provisions. Under the bill, a provider that permits the public to
upload or modify content on its own Internet Web site or any Internet
Web site under its control without prior review by that provider
would not be in violation of these provisions unless the subscriber
first requested the provider to remove age information.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1798.83.5 is added to the Civil Code, to read:
   1798.83.5.  (a) The purpose of this section is to ensure that
information obtained on an Internet Web site regarding an individual'
s age will not be used in furtherance of employment or age
discrimination.
   (b) A commercial online entertainment employment service provider
that enters into a contractual agreement to provide employment
services to an individual for a subscription payment shall not, upon
request by the subscriber, do either of the following:
   (1) Publish or make public the subscriber's date of birth or age
 information.   information in an online profile
of the subscriber. 
   (2) Share the subscriber's date of birth or age information with
any Internet Web sites for the purpose of publication.
   (c) A commercial online entertainment employment service provider
subject to subdivision (b) shall, within five days, remove  from
an online profile of the subscriber  the subscriber's date of
birth and age information from public view on all Internet Web sites
under its control upon specific request by the subscriber naming the
Internet Web sites. A commercial online entertainment employment
service provider that permits members of the public to upload or
modify Internet content on its own Internet Web site or any Internet
Web site under its control without prior review by that provider
shall not be deemed in violation of this section unless first
requested by the subscriber to remove age information.
   (d) For purposes of this section, the following definitions apply:

   (1) "Commercial online entertainment employment service provider"
means a person or business that owns, licenses, or otherwise
possesses computerized information, including, but not limited to,
age and date of birth information, about individuals employed in the
entertainment industry, including television, films, and video games,
and that makes the information available to the public or potential
employers.
   (2) "Payment" means a fee in exchange for advertisements, or any
other form of compensation or benefit.
   (3) "Provide employment services" means post resumes, photographs,
or other information about a subscriber when one of the purposes is
to provide individually identifiable information about the subscriber
to a prospective employer.
   (4) "Subscriber" means a natural person who enters into a
contractual agreement with a commercial online entertainment
employment service provider to receive employment services in return
for a subscription payment.