Bill Text: CA AB2677 | 2021-2022 | Regular Session | Introduced
Bill Title: Information Practices Act of 1977.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2022-09-19 - Vetoed by Governor. [AB2677 Detail]
Download: California-2021-AB2677-Introduced.html
Introduced by Assembly Member Gabriel |
February 18, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1798.3 of the Civil Code is amended to read:1798.3.
As used in this chapter:(4)A local agency, as defined in subdivision (a) of Section 6252 of the Government Code.
(h)The term “system of records” means one or more records, which pertain to one or more individuals, which is maintained by any agency, from which information is retrieved by the name of an individual or by some identifying number, symbol or other identifying particular assigned to the individual.
(i)The term “governmental entity,” except as used in Section 1798.26, means any branch of the federal government or of the local government.
(j)
(k)
SEC. 2.
Section 1798.3 of the Civil Code, as amended by Section 43 of Chapter 615 of the Statutes of 2021, is amended to read:1798.3.
As used in this chapter:(4)A local agency, as defined in Section 7920.510 of the Government Code.
(h)The term “system of records” means one or more records, which pertain to one or more individuals, which is maintained by any agency, from which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to the individual.
(i)The term “governmental entity,” except as used in Section 1798.26, means any branch of the federal government or of the local government.
(j)
(k)
SEC. 3.
Section 1798.16 of the Civil Code is amended to read:1798.16.
(a) Whenever an agency collects personal information, the agency shall maintain the source or sources of the information, unless the source is the data subject orSEC. 4.
Section 1798.17 of the Civil Code is amended to read:1798.17.
Each agency shall provide on or with any form used to collect personal information from individuals the notice specified in this section. When contact with the individual is of a regularly recurring nature, an initial notice followed by a periodic notice of not more than one-year intervals shall satisfy this requirement. This requirement is also satisfied by notification to individuals of the availability of the notice in annual tax-related pamphlets or booklets provided for them. The notice shall include all of the following:SEC. 5.
Section 1798.19 of the Civil Code is amended to read:1798.19.
Each agency when it provides by contract for the operation or maintenance of records containing personal information to accomplish an agency function, shall cause, consistent with its authority, the requirements of this chapter to be applied to those records. For purposes of Article 10 (commencing with Section 1798.55), any contractor and any employee of the contractor, if the contract is agreed to on or after July 1, 1978, shall be considered to be an employee of an agency.SEC. 6.
Section 1798.20 of the Civil Code is amended to read:1798.20.
SEC. 7.
Section 1798.24 of the Civil Code is amended to read:1798.24.
An agency shall not disclose any personal information in a manner that(l)To any person pursuant to a search warrant.
(m)
(n)
(o)To a law enforcement or regulatory agency when required for an investigation of unlawful activity or for licensing, certification, or regulatory purposes, unless the disclosure is otherwise prohibited by law.
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
SEC. 8.
Section 1798.24b of the Civil Code is amended to read:1798.24b.
(a) Notwithstanding Section 1798.24, except subdivisionSEC. 9.
Section 1798.25 of the Civil Code is amended to read:1798.25.
(a) Each agency shall keep an accurate accounting of the date, nature, and purpose of each disclosure of a record made pursuant to subdivision (i), (k),SEC. 10.
Section 1798.26 of the Civil Code is amended to read:1798.26.
With respect to the sale of information concerning the registration of any vehicle or the sale of information from the files of drivers’ licenses, the Department of Motor Vehicles shall, by regulation, establish administrative procedures under which any person making a request for information shall be required to identifySEC. 11.
Section 1798.27 of the Civil Code is amended to read:1798.27.
Each agency shall retain the accounting made pursuant to Section 1798.25 for at least three years after the disclosure for which the accounting isSEC. 12.
Section 1798.29 of the Civil Code is amended to read:1798.29.
(a) Any agency that owns or licenses computerized data that includes personal information shall disclose any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of California (1) whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person, or, (2) whose encrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person and the encryption key or security credential was, or is reasonably believed to have been, acquired by an unauthorized person and the agency that owns or licenses the encrypted information has a reasonable belief that the encryption key or security credential could render that personal information readable or usable. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. [NAME OF INSTITUTION / LOGO]
_____
_____
Date: [insert date] | ||
NOTICE OF DATA BREACH | ||
What Happened? | ||
What Information Was Involved? | ||
What We Are Doing. | ||
What You Can Do. | ||
Other Important Information. [insert other important
information] | ||
For More Information. | Call [telephone number] or go to [internet website] |
(k)Notwithstanding the exception specified in paragraph (4) of subdivision (b) of Section 1798.3, for purposes of this section, “agency” includes a local agency, as defined in subdivision (a) of Section 6252 of the Government Code.
(l)