Bill Text: CA AB3048 | 2023-2024 | Regular Session | Introduced

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

---

Bill Title: California Consumer Privacy Act of 2018: opt-out preference signal.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-25 - Read second time. Ordered to third reading. [AB3048 Detail]

Download: California-2023-AB3048-Introduced.html

---

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 3048

---

Introduced by Assembly Member Lowenthal

February 16, 2024

---

An act to add Section 1798.136 to the Civil Code, relating to privacy.

LEGISLATIVE COUNSEL'S DIGEST

AB 3048, as introduced, Lowenthal. California Consumer Privacy Act of 2018: opt-out preference signal.

The California Consumer Privacy Act of 2018 (CCPA) grants a consumer various rights with respect to personal information that is collected or sold by a business, as defined, including the right to direct a business that sells or shares personal information about the consumer to third parties not to sell or share the consumer’s personal information, as specified. The California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA and establishes the California Privacy Protection Agency (agency) and vests the agency with full administrative power, authority, and jurisdiction to enforce the CCPA.

This bill would prohibit a business from developing or maintaining a browser through which a consumer interacts with a business that does not include a setting that enables the consumer to send an opt-out preference signal to that business and would prohibit a business from developing or maintaining a device through which a consumer interacts with a business that does not include a setting that enables the consumer to send an opt-out preference signal to that business pursuant to regulations adopted by the California Privacy Protection Agency. The bill would also authorize the agency to adopt regulations as necessary to implement and administer those provisions, including to update the definitions of “browser” and “device” to address changes in technology, data collection, obstacles to implementation, or privacy concerns.

This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.

Digest Key

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

---

Bill Text

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

SECTION 1.

 Section 1798.136 is added to the Civil Code, to read:

1798.136.

 (a) (1) A business shall not develop or maintain a browser through which a consumer interacts with a business that does not include a setting that enables the consumer to send an opt-out preference signal to that business.

(2) The setting required by paragraph (1) shall be easy to locate and use.

(b) A business shall not develop or maintain a device through which a consumer interacts with a business that does not include a setting that enables the consumer to send an opt-out preference signal to that business pursuant to regulations adopted by the California Privacy Protection Agency.

(c) The California Privacy Protection Agency may adopt regulations as necessary to implement and administer this section, including to update the definitions of “browser” and “device” to address changes in technology, data collection, obstacles to implementation, or privacy concerns.

(d) As used in this section, “browser” means a software application for accessing internet websites and information on the internet.

SEC. 2.

 The Legislature finds and declares that this act furthers the purposes and intent of the California Privacy Rights Act of 2020.