Bill Text: CA SB1172 | 2021-2022 | Regular Session | Introduced

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

---

Bill Title: Student Test Taker Privacy Protection Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-09-28 - Chaptered by Secretary of State. Chapter 720, Statutes of 2022. [SB1172 Detail]

Download: California-2021-SB1172-Introduced.html

---

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 1172

---

Introduced by Senator Pan

February 17, 2022

---

An act to add Section 1798.101 to the Civil Code, relating to privacy.

LEGISLATIVE COUNSEL'S DIGEST

SB 1172, as introduced, Pan. California Privacy Rights Act of 2020: business: proctoring services.

Existing law, the California Consumer Privacy Act of 2018 (CCPA), imposes various obligations on businesses with respect to personal information, as defined. 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.

The CCPA requires a business to inform consumers of the categories of personal information to be collected and the purposes for which the categories of personal information are collected or used and whether that information is sold or shared. The CCPA prohibits a business from collecting additional categories of personal information or using personal information collected for additional purposes that are incompatible with the disclosed purpose for which the personal information was collected without providing the consumer with notice. The CCPA provides that the obligations it imposes on businesses do not apply to information that is deidentified or aggregated.

This bill would prohibit a business providing proctoring services in an educational setting from collecting, retaining, using, or disclosing personal information except to the extent necessary to provide those proctoring services. The bill would authorize a consumer to bring a civil action against a business for violating that provision.

The California Privacy Rights Act of 2020 authorizes the Legislature to amend the act to further the purposes and intent of the act by a majority vote of both houses of the Legislature, as specified.

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 1798.101 is added to the Civil Code, to read:

1798.101.

 (a) Notwithstanding subdivision (a) of Section 1798.100 and paragraph (6) of subdivision (a) of Section 1798.145, a business providing proctoring services in an educational setting shall collect, use, retain, and disclose only the personal information strictly necessary to provide that service.

(b) A consumer whose personal information is collected, used, retained, or disclosed in violation of this section may bring a civil action against that business and may recover all of the following:

(1) Liquidated damages of one thousand dollars ($1,000) per consumer per incident or actual damages, whichever is greater.

(2) Injunctive or declaratory relief.

(3) Reasonable attorney fees and costs, including expert witness fees.

SEC. 2.

 The Legislature finds and declares that the section added to the Civil Code by this act furthers the purpose and intent of the California Privacy Rights Act of 2020, enacted by Proposition 24 at the November 3, 2020, statewide election, within the meaning of Section 25 of Proposition 24.