CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2222

Introduced by Assembly Member Maienschein

February 12, 2020

An act to add Article 10 (commencing with Section 17610) to Chapter 1 of Part 3 of Division 7 of the Business and Professions Code, relating to business.


LEGISLATIVE COUNSEL'S DIGEST


AB 2222, as introduced, Maienschein. Genealogy companies: advertising.
The California Consumer Privacy Act of 2018 grants a consumer various rights regarding personal information held by a business, including the right to request a business to disclose specific pieces of personal information it has collected and to have information held by that business deleted, as specified. The act also requires a business to make specified disclosures in its privacy policy or on its internet website, as specified, regarding a consumer’s rights under the act. Existing law requires that specified sellers make certain factual disclosures to consumers.
This bill would require a genealogy company, as defined, to display a notice in all advertising, it’s privacy policies, at the point of sale of the product, and on product packaging. The bill would require the notice to state, in part, that aggregate data that is not reasonably linkable to an individual person may be sold to third parties. The bill would require the notice to meet specified requirements that vary depending on the method of dissemination.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Article 10 (commencing with Section 17610) is added to Chapter 1 of Part 3 of Division 7 of the Business and Professions Code, to read:
Article  10. Genealogy Companies

17610.
 As used in this article:
(a) “Genealogy company” means a person that is not subject to the federal Health Insurance Portability and Accountability Act of 1996 (110 Stat. 1936) and obtains the DNA of a natural person through submission of a saliva sample, among other methods.
(b) “Genealogy product” means a product or service that is all of the following:
(1) Offered by a genealogy company.
(2) Related to the DNA of an individual person.

17611.
 (a) A genealogy company shall display the notice described in subdivision (b) in accordance with all of the following:
(1) In all advertising for a genealogy product.
(2) In its privacy policy.
(3) At the point of sale of a genealogy product, as described in subdivision (d) of Section 17612.
(4) On all genealogy product packaging.
(b) The notice required by subdivision (a) shall read as follows:

“Aggregate data that is not reasonably linkable to an individual person may be sold to third parties. [Name of genealogy company] is not subject to the Health Insurance Portability and Accountability Act of 1996. Please consult our privacy policy.”

(c) The notice required by this section shall be displayed or disseminated pursuant to Section 17612.

17612.
 (a) An advertisement for a genealogy product disseminated over the radio or by telephonic means shall include the notice required by Section 17611 at either the beginning or the end of the advertisement, and the notice shall be read in a clearly spoken manner and in a pitch and tone substantially similar to the rest of the advertisement.
(b) An advertisement for a genealogy product disseminated as a video on television or over the internet shall include the notice required by Section 17611 in accordance with all of the following:
(1) The notice shall be in type and shall be displayed for at least five seconds.
(2) The notice described by this subdivision shall appear on a solid black background on the entire bottom one-fourth of the screen and shall be in a contrasting color in Arial equivalent type, and the type size for the smallest letters in the disclosure shall be 4 percent of the height of the television or video display screen.
(3) All disclosure text shall be centered horizontally in the disclosure area.
(c) (1) A standard-sized advertisement for a genealogy product disseminated in print shall include the notice required by Section 17611 in accordance with all of the following:
(A) The disclosure area shall have a solid white background and shall be in a printed or drawn box on the bottom of at least one page that is set apart from other printed matter. All text in the disclosure area shall be in contrasting color and centered horizontally in the disclosure area.
(B) The text shall be in at least 10-point Arial equivalent type.
(C) The notice shall be displayed at the top of the disclosure area.
(2) A large-sized advertisement for a genealogy product disseminated in print shall include the notice required by Section 17611 in accordance with both of the following:
(A) The notice shall be displayed in a printed or drawn box with a solid white background on the bottom of the advertisement that is set apart from other printed matter.
(B) Each line of the written disclosures shall be in a contrasting color in Arial equivalent type no less than 5 percent of the height of the advertisement and shall not be condensed to be narrower than a normal noncondensed Arial equivalent type.
(3) As used in this subdivision, the following terms have the following meanings:
(A) “Standard-sized advertisement” means a printed advertisement that does not measure larger than 15 inches in width and 23 inches in length.
(B) “Large-sized advertisement” means a printed advertisement that measures larger than 15 inches in width and 23 inches in length.
(d) On a genealogy company’s internet website at the point of sale of the genealogy product, the notice required by Section 17611 shall be displayed in a clear and conspicuous location in accordance with all of the following:
(1) The notice shall be in no less than 10-point Arial equivalent font.
(2) The notice shall be displayed in a contrasting color.
(3) The notice shall contain a hyperlink to the genealogy company’s privacy policy.
(e) An advertisement for a genealogy product disseminated via email shall include the notice required by Section 17611 in accordance with all of the following:
(1) The notice shall be printed clearly and legibly in a contrasting color.
(2) The notice shall be printed in no less than 8-point font.
(3) The notice shall be displayed at the top or bottom of the email message.
(f) An electronic media advertisement that is a graphic, image, animated graphic, or animated image shall meet both of the following criteria:
(1) The advertisement shall contain the following statement as a hyperlink, icon, button, or tab to an internet webpage as described in paragraph (2): “Click here for information on how data could be sold to third parties.”
(2) The hyperlink, icon, button, or tab should direct the user to an internet webpage that contains the full notice required by Section 17611 displayed in a clear and conspicuous manner that satisfies the requirements of paragraphs (1) to (3), inclusive, of subdivision (d).
(g) Packaging of a genealogy product shall include the notice required by Section 17611 in accordance with all of the following:
(1) The notice shall be displayed in a printed or drawn box with a solid white background on the bottom of the packaging that is set apart from other printed matter.
(2) The notice shall be displayed on the front of the packaging.
(3) The notice shall be in no less than 10-point Arial equivalent font no less than 5 percent of the height of the packaging and shall not be condensed to be narrower than a normal noncondensed Arial equivalent type.
(4) The notice shall be displayed in a contrasting color.