Bill Text: CA AB2748 | 2019-2020 | Regular Session | Amended
Bill Title: Consumer credit reports: security freezes: protected consumers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-05-05 - Re-referred to Com. on P. & C.P. [AB2748 Detail]
Download: California-2019-AB2748-Amended.html
|
Amended
IN
Assembly
May 04, 2020 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 2748
| Introduced by Assembly Member Fong |
February 20, 2020 |
An act to amend Section 1798.15 of the Civil Code, relating to information practices. 1785.11.9 of the Civil Code, relating to consumer credit reports.
LEGISLATIVE COUNSEL'S DIGEST
AB 2748, as amended, Fong.
Public agencies: information practices. Consumer credit reports: security freezes: protected consumers.
Existing law requires a consumer credit reporting agency to place a security freeze for a protected consumer, defined as an individual who is under 16 years of age at the time a request for the placement of a security freeze is made, an incapacitated person or a protected individual for whom a guardian or conservator has been appointed, or a person under the jurisdiction of a county welfare department or county probation department who has been placed in a foster care setting and is under 16 years of age at the time a request for a security freeze is made, upon that consumer’s representative’s request and compliance with certain requirements.
This bill instead would include in the definition of protected consumer an individual who is under the jurisdiction of a
county probation department, has been placed in a foster care setting, and is under 19 years of age at the time of the request for placement of a security freeze is made.
Existing law, the Information Practices Act of 1977, prescribes a set of requirements, prohibitions, and remedies applicable to public agencies, as defined, with regard to their collection, storage, and disclosure of personal information. The act specifically requires an agency to collect personal information to the greatest extent practicable from the individual who is the subject of the information rather than from another source.
This bill would require a public agency subject to the Information Practices Act of 1977 to collect the least amount of personal information required to fulfill the purposes of its collection. The bill also would require an agency able to fulfill its requirements by collecting nonpersonal information instead of personal information to do so.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1785.11.9 of the Civil Code is amended to read:1785.11.9.
For purposes of Sections 1785.11.10 and 1785.11.11, the following terms shall have the following meanings:(a) “Protected consumer” means an individual who is any of the following:
(1) Under 16 years of age at the time a request for the placement of a security freeze is made.
(2) An incapacitated person or a protected person for whom a guardian or conservator has been appointed.
(3) Under the jurisdiction of a county welfare department or county probation department, has been placed in a foster care setting, and is under 16
19 years of age at the time a request for placement of a security freeze is made.
(b) “Record” means a compilation of information that:
(1) Identifies a protected consumer.
(2) Was created by a consumer credit reporting agency solely for the purpose of complying with this section.
(3) Is not otherwise authorized to be created or used to consider the protected consumer’s creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.
(c) (1) “Representative” means a person who provides to a consumer credit reporting agency sufficient proof of authority to act on
behalf of a protected consumer.
(2) For a protected consumer who has been placed in a foster care setting, “representative” means either of the following:
(A) A county welfare department or its agent or designee.
(B) A county probation department or its agent or designee.
(3) For a protected consumer who has been placed in a foster care setting, “representative” does not mean a foster parent.
(d) “Security freeze” means:
(1) If a consumer credit reporting agency does not have a file pertaining to a protected consumer, a restriction that:
(A) Is placed on the
protected consumer’s record in accordance with this section.
(B) Prohibits the consumer credit reporting agency from releasing the protected consumer’s record except as authorized in this section.
(2) If a consumer credit reporting agency has a file pertaining to a protected consumer, a restriction that:
(A) Is placed on the protected consumer’s consumer credit report in accordance with this section.
(B) Prohibits the consumer credit reporting agency from releasing the protected consumer’s consumer credit report or any information derived from the protected consumer’s consumer credit report except as authorized in this section.
(e) “Sufficient proof of authority” means documentation that
shows that a representative has authority to act on behalf of a protected consumer in a financial matter. This documentation includes, but is not limited to:
(1) A court order or relevant enabling document issued by a court.
(2) A legally sufficient and valid power of attorney, or a durable power of attorney.
(3) A written, notarized statement signed by a representative that expressly describes the authority of the representative to act on behalf of a protected consumer, including a temporary conservator or temporary guardian.
(4) A written communication from a county welfare department or its agent or designee or a county probation department or its agent or designee certifying that the protected consumer is a foster youth under its jurisdiction.
(f) “Sufficient proof of identification” means information or documentation that identifies a protected consumer or a representative of a protected consumer. This information or documentation includes, but is not limited to:
(1) A social security number or a copy of a social security card issued by the Social Security Administration.
(2) A certified copy or official copy of a birth certificate issued by the entity authorized to issue the birth certificate.
(3) A copy of a driver’s license, an identification issued by the Department of Motor Vehicles, or any other government-issued identification.
(4) A copy of a bill for telephone, sewer, septic tank, water, electric, oil, or natural gas
services that shows a name and a home address.
(5) A written communication from a county welfare department or its agent or designee or a county probation department or its agent or designee certifying that the protected consumer is a foster youth under its jurisdiction.
Each agency shall collect personal information to the greatest extent practicable directly from the individual who is the subject of the information rather than from another source. Each agency shall collect the least amount of personal information that is required to fulfill the purposes for which it is being collected. If an agency is able to fulfill its requirements by collecting nonpersonal information, it shall collect nonpersonal information instead of personal information.
