Bill Text: CA AB3094 | 2019-2020 | Regular Session | Introduced

California Assembly Bill 3094 (Prior Session Legislation)

Introduced

Bill Title: Privacy: driver’s license information.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-04-24 - Referred to Com. on P. & C.P. [AB3094 Detail]

Download: California-2019-AB3094-Introduced.html

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 3094

Introduced by Assembly Member Cooper

February 21, 2020

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

LEGISLATIVE COUNSEL'S DIGEST

AB 3094, as introduced, Cooper. Privacy: driver’s license information.

Existing law authorizes a business to scan or 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 retaining or using that information for any other purpose. A violation of those provisions is a misdemeanor.

This bill would prohibit a business from scanning or swiping a driver’s license or identification card, except for specified purposes, and would prohibit the information used, collected, or disclosed pursuant to specified exceptions from being retained by the business for longer than 24 or 72 hours as provided. The bill would vest the Attorney General, any district attorney, and any city attorney with the duty to bring an action for violation of these provisions, including equity proceedings to restrain and enjoin a violation or prosecution of misdemeanor actions. Because this bill would increase the duties of local officials, the bill 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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

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~~ shall not scan or swipe a driver’s license or identification card issued by the Department of Motor Vehicles in any electronic device except for the following purposes:

(A) To verify age or the authenticity of the driver’s license or identification card. Information used pursuant to this subparagraph shall not be retained by the business for longer than 24 hours after it was obtained from the scan or swipe.

(B) To comply with a legal requirement imposed by state or federal law 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. Information collected or disclosed pursuant to this subparagraph shall not be retained by the business for longer than 72 hours after it was obtained from the scan or the swipe.

(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~~ themself 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~~ their signature to complete registration.

(iii) The organization or registry system shall provide a written confirmation to the applicant confirming that ~~he or she is~~ they are 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.~~ in this subdivision.

(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.

(d) Any superior court of this state shall have jurisdiction in equity to restrain and enjoin the violation of this section.
(e) The duty to bring an action for violation of this section, including equity proceedings to restrain and enjoin a violation of this section, is vested in the Attorney General, district attorneys, and city attorneys. Pursuant to this section, the Attorney General, any district attorney, or any city attorney may prosecute misdemeanor actions or institute equity proceedings, or both. This subdivision shall not be deemed to prohibit the enforcement by any person of any right provided by this or any other law.

SEC. 2.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.