Bill Text: CA AB3246 | 2019-2020 | Regular Session | Introduced

California Assembly Bill 3246 (Prior Session Legislation)

Introduced

Bill Title: Data brokers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-04-24 - Referred to Com. on P. & C.P. [AB3246 Detail]

Download: California-2019-AB3246-Introduced.html

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 3246

Introduced by Assembly Member Low

February 21, 2020

An act to amend Section 1798.99.82 of the Civil Code, relating to privacy.

LEGISLATIVE COUNSEL'S DIGEST

AB 3246, as introduced, Low. Data brokers.

Existing law requires a data broker, as defined, to register with the Attorney General and, among other things, provide specified information to the Attorney General in the process of registering, including the name of the data broker and its primary physical, email, and internet website addresses.

This bill would additionally require a data broker to provide its primary phone number.

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

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

SECTION 1.

Section 1798.99.82 of the Civil Code is amended to read:

1798.99.82.

(a) On or before January 31 following each year in which a business meets the definition of data broker as provided in this title, the business shall register with the Attorney General pursuant to the requirements of this section.

(b) In registering with the Attorney General, as described in subdivision (a), a data broker shall do all of the following:

(1) Pay a registration fee in an amount determined by the Attorney ~~General,~~ General not to exceed the reasonable costs of establishing and maintaining the informational internet website described in Section 1798.99.84.

(2) Provide the following information:

(A) The name of the data ~~broker~~ broker, its primary phone number, and its primary physical, email, and internet website addresses.

(B) Any additional information or explanation the data broker chooses to provide concerning its data collection practices.

(c) (1) A data broker that fails to register as required by this section is subject to injunction and is liable for civil penalties, fees, and costs in an action brought in the name of the people of the State of California by the Attorney General as follows:

(A) A civil penalty of one hundred dollars ($100) for each day the data broker fails to register as required by this section.

(B) An amount equal to the fees that were due during the period it failed to register.

(C) Expenses incurred by the Attorney General in the investigation and prosecution of the action as the court deems appropriate.

(2) Any penalties, fees, and expenses recovered in an action prosecuted under this section shall be deposited in the Consumer Privacy Fund, created within the General Fund pursuant to subdivision (a) of Section 1798.160, with the intent that they be used to fully offset costs incurred by the state courts and the Attorney General in connection with this title.