Bill Text: CA AB2769 | 2017-2018 | Regular Session | Amended

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

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Bill Title: Privacy: driver’s license information.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2018-09-19 - Chaptered by Secretary of State - Chapter 548, Statutes of 2018. [AB2769 Detail]

Download: California-2017-AB2769-Amended.html

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Amended  IN  Senate  June 28, 2018

Amended  IN  Senate  June 18, 2018

Amended  IN  Assembly  April 19, 2018

Amended  IN  Assembly  April 03, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 2769

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Introduced by Assembly Member Cooper
(Principal coauthor: Assembly Member Grayson)
(Coauthor: Senator Hueso)

February 16, 2018

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An act to amend Section 1798.90.1 of, and to add Section 1798.90.2 to, of the Civil Code, relating to privacy.

LEGISLATIVE COUNSEL'S DIGEST

AB 2769, as amended, Cooper. Privacy: driver’s license information.

Existing law authorizes a business to swipe a driver’s license or identification card issued by the Department of Motor Vehicles in any electronic device for prescribed verification and informational purposes. Existing law prohibits a business that swipes a driver’s license or identification card in an electronic device from maintaining or using that information for any other purpose. A violation of those provisions is a misdemeanor.

This bill would expand those provisions to apply to scans as well as swipes. The bill would also authorize a business, as defined, that is licensed by the Department of Alcoholic Beverage Control, that sells or serves alcoholic beverages for consumption on the premises, as specified, to scan or swipe a driver’s license or identification card subject to specified conditions, and would prohibit the business from disclosing that information, except where specified, including allowing disclosure to assist in a criminal investigation. The bill would make a violation of these provisions punishable as a misdemeanor. Because the bill would expand the scope of a crime, it would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

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

SECTION 1.

 Section 1798.90.1 of the Civil Code is amended to read:

1798.90.1.

 (a) (1) A business may scan or swipe a driver’s license or identification card issued by the Department of Motor Vehicles in any electronic device for the following purposes:

(A) To verify age or the authenticity of the driver’s license or identification card.

(B) To comply with a legal requirement to record, retain, or transmit that information.

(C) To transmit information to a check service company for the purpose of approving negotiable instruments, electronic funds transfers, or similar methods of payments, provided that only the name and identification number from the license or the card may be used or retained by the check service company.

(D) To collect or disclose personal information that is required for reporting, investigating, or preventing fraud, abuse, or material misrepresentation.

(2) (A) An organ procurement organization may scan or swipe a driver’s license or identification card issued by the Department of Motor Vehicles in any electronic device to transmit information to the Donate Life California Organ and Tissue Donor Registry established pursuant to Section 7150.90 of the Health and Safety Code for the purposes of allowing an individual to identify himself or herself as a registered organ donor. Information gathered or transmitted pursuant to this paragraph shall comply with the Department of Motor Vehicles Information Security Agreement.

(B) Prior to scanning or swiping a driver’s license or identification card issued by the Department of Motor Vehicles, an organ procurement organization shall provide clear and conspicuous notice to the applicant and shall follow the procedure prescribed in this subparagraph:

(i) Once the applicant’s information is populated on the electronic form, the applicant shall verify that the information is accurate and shall click “submit” after reading a clear and conspicuous consent message, which shall not be combined with or contained within another message, acknowledging that the applicant’s information will be used for the sole purpose of being added to the registry.

(ii) The applicant shall provide his or her signature to complete registration.

(iii) The organization or registry system shall provide a written confirmation to the applicant confirming that he or she is signed up as an organ and tissue donor.

(3) A business or organ procurement organization shall not retain or use any of the information obtained by that electronic means for any purpose other than as provided herein.

(b) As used in this section:

(1) “Business” means a proprietorship, partnership, corporation, or any other form of commercial enterprise.

(2) “Organ procurement organization” means a person designated by the Secretary of the federal Department of Health and Human Services as an organ procurement organization.

(c) A violation of this section constitutes a misdemeanor punishable by imprisonment in a county jail for no more than one year, or by a fine of no more than ten thousand dollars ($10,000), or by both.

SEC. 2.Section 1798.90.2 is added to the Civil Code, to read:

1798.90.2.

(a)A business that sells or serves alcoholic beverages for consumption on the premises, may, consistent with Section 25659 of the Business and Professions Code, scan or swipe a driver’s license or identification card issued by the Department of Motor Vehicles subject to all of the following conditions:

(1)The information collected shall only include a patron’s name, date of birth, age, and photograph.

(2)The technology used to scan or swipe a driver’s license or identification card shall be programmed to collect only the information specified in paragraph (1). If the technology is unable to only collect that information then the business shall not scan or swipe the driver’s license or identification card as a condition of allowing the individual to enter the licensed premises.

(3)The business shall inform patrons why the information is being collected and shall give a patron access to the information it has collected about the patron.

(b)A business may disclose information with other businesses in the same county as the origin of the scan or swipe under either of the following circumstances:

(1)If the business reasonably believes a patron has broken the law.

(2)If a patron is a threat to others.

(c)(1)A business may ban a patron from the licensed premises or flag a patron based on information collected when a driver’s license or identification card is scanned or swiped with regard to that business’s licensed premises. A business may use the information shared with it pursuant to this section to decide whether or not to ban or flag a patron and for no other purpose.

(2)If a business bans or flags a patron, the business must notify the patron in writing at the time of the ban or flag and provide information on how to dispute or appeal the ban or flag.

(d)A business may disclose information to a police officer, upon request, to assist in a criminal investigation.

(e)The information collected pursuant to this section shall only be used for purposes authorized by this section and not for any other purpose.

(f)For purposes of this section, “business” means a proprietorship, partnership, corporation, or any other form of commercial enterprise that is licensed by the Department of Alcoholic Beverage Control.

(g)A violation of this section constitutes a misdemeanor punishable by imprisonment in a county jail for no more than one year, or by a fine of no more than ten thousand dollars ($10,000), or by both.

SEC. 3. SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.