Bill Text: CA SB20 | 2009-2010 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Personal information: privacy.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2010-01-19 - Stricken from Senate file. [SB20 Detail]
Download: California-2009-SB20-Amended.html
Bill Title: Personal information: privacy.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2010-01-19 - Stricken from Senate file. [SB20 Detail]
Download: California-2009-SB20-Amended.html
BILL NUMBER: SB 20 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 25, 2009
AMENDED IN ASSEMBLY JULY 23, 2009
AMENDED IN ASSEMBLY JULY 7, 2009
AMENDED IN ASSEMBLY JUNE 16, 2009
AMENDED IN SENATE MARCH 4, 2009
INTRODUCED BY Senator Simitian
DECEMBER 1, 2008
An act to amend Sections 1798.29 and 1798.82 of the Civil Code,
relating to personal information.
LEGISLATIVE COUNSEL'S DIGEST
SB 20, as amended, Simitian. Personal information: privacy.
Existing law requires any agency, and any person or business
conducting business in California, that owns or licenses computerized
data that includes personal information, as defined, to disclose in
specified ways, any breach of the security of the system or data, as
defined, following discovery or notification of the security breach,
to any California resident whose unencrypted personal information
was, or is reasonably believed to have been, acquired by an
unauthorized person.
This bill would require any agency, person, or business that is
required to issue a security breach notification pursuant to existing
law to fulfill certain additional requirements pertaining to the
security breach notification, as specified.
The bill would also require any agency, person, or business that
is required to issue a security breach notification to more than 500
California residents pursuant to existing law to electronically
submit a single sample copy of that security breach notification to
the Attorney General, as specified.
The bill would also incorporate additional changes made by the
Governor's Reorganization Plan.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1798.29 of the Civil Code is amended to read:
1798.29. (a) Any agency that owns or licenses computerized data
that includes personal information shall disclose any breach of the
security of the system following discovery or notification of the
breach in the security of the data to any resident of California
whose unencrypted personal information was, or is reasonably believed
to have been, acquired by an unauthorized person. The disclosure
shall be made in the most expedient time possible and without
unreasonable delay, consistent with the legitimate needs of law
enforcement, as provided in subdivision (c), or any measures
necessary to determine the scope of the breach and restore the
reasonable integrity of the data system.
(b) Any agency that maintains computerized data that includes
personal information that the agency does not own shall notify the
owner or licensee of the information of any breach of the security of
the data immediately following discovery, if the personal
information was, or is reasonably believed to have been, acquired by
an unauthorized person.
(c) The notification required by this section may be delayed if a
law enforcement agency determines that the notification will impede a
criminal investigation. The notification required by this section
shall be made after the law enforcement agency determines that it
will not compromise the investigation.
(d) Any agency that is required to issue a security breach
notification pursuant to this section shall meet all of the following
requirements:
(1) The security breach notification shall be written in plain
language.
(2) The security breach notification shall include, at a minimum,
the following information:
(A) The name and contact information of the reporting agency
subject to this section.
(B) A list of the types of personal information that were or are
reasonably believed to have been the subject of a breach.
(C) If the information is possible to determine at the time the
notice is provided, then any of the following: (i) the date of the
breach, (ii) the estimated date of the breach, or (iii) the date
range within which the breach occurred. The notification shall also
include the date of the notice.
(D) Whether the notification was delayed as a result of a law
enforcement investigation, if that information is possible to
determine at the time the notice is provided.
(E) A general description of the breach incident, if that
information is possible to determine at the time the notice is
provided.
(F) The estimated number of persons affected by the breach, if
that information is possible to determine at the time the notice is
provided.
(G)
(F) The toll-free telephone numbers and addresses of
the major credit reporting agencies if the breach exposed a social
security number or a driver's license or California identification
card number.
(3) At the discretion of the agency, the security breach
notification may also include any of the following:
(A) Information about what the agency has done to protect
individuals whose information has been breached.
(B) Advice on steps that the person whose information has been
breached may take to protect himself or herself.
(e) Any agency that is required to issue a security breach
notification pursuant to this section to more than 500 California
residents as a result of a single breach of the security system shall
electronically submit a single sample copy of that security breach
notification, excluding any personally identifiable information, to
the Attorney General. A single sample copy of a security breach
notification shall not be deemed to be within subdivision (f) of
Section 6254 of the Government Code.
(f) For purposes of this section, "breach of the security of the
system" means unauthorized acquisition of computerized data that
compromises the security, confidentiality, or integrity of personal
information maintained by the agency. Good faith acquisition of
personal information by an employee or agent of the agency for the
purposes of the agency is not a breach of the security of the system,
provided that the personal information is not used or subject to
further unauthorized disclosure.
(g) For purposes of this section, "personal information" means an
individual's first name or first initial and last name in combination
with any one or more of the following data elements, when either the
name or the data elements are not encrypted:
(1) Social security number.
(2) Driver's license number or California Identification Card
number.
(3) Account number, credit or debit card number, in combination
with any required security code, access code, or password that would
permit access to an individual's financial account.
(4) Medical information.
(5) Health insurance information.
(h) (1) For purposes of this section, "personal information" does
not include publicly available information that is lawfully made
available to the general public from federal, state, or local
government records.
(2) For purposes of this section, "medical information" means any
information regarding an individual's medical history, mental or
physical condition, or medical treatment or diagnosis by a health
care professional.
(3) For purposes of this section, "health insurance information"
means an individual's health insurance policy number or subscriber
identification number, any unique identifier used by a health insurer
to identify the individual, or any information in an individual's
application and claims history, including any appeals records.
(i) For purposes of this section, "notice" may be provided by one
of the following methods:
(1) Written notice.
(2) Electronic notice, if the notice provided is consistent with
the provisions regarding electronic records and signatures set forth
in Section 7001 of Title 15 of the United States Code.
(3) Substitute notice, if the agency demonstrates that the cost of
providing notice would exceed two hundred fifty thousand dollars
($250,000), or that the affected class of subject persons to be
notified exceeds 500,000, or the agency does not have sufficient
contact information. Substitute notice shall consist of all of the
following:
(A) E-mail notice when the agency has an e-mail address for the
subject persons.
(B) Conspicuous posting of the notice on the agency's Web site
page, if the agency maintains one.
(C) Notification to major statewide media and the Office of
Information Security within the office of the State Chief Information
Officer.
(j) Notwithstanding subdivision (i), an agency that maintains its
own notification procedures as part of an information security policy
for the treatment of personal information and is otherwise
consistent with the timing requirements of this part shall be deemed
to be in compliance with the notification requirements of this
section if it notifies subject persons in accordance with its
policies in the event of a breach of security of the system.
SEC. 2. Section 1798.82 of the Civil Code is amended to read:
1798.82. (a) Any person or business that conducts business in
California, and that owns or licenses computerized data that includes
personal information, shall disclose any breach of the security of
the system following discovery or notification of the breach in the
security of the data to any resident of California whose unencrypted
personal information was, or is reasonably believed to have been,
acquired by an unauthorized person. The disclosure shall be made in
the most expedient time possible and without unreasonable delay,
consistent with the legitimate needs of law enforcement, as provided
in subdivision (c), or any measures necessary to determine the scope
of the breach and restore the reasonable integrity of the data
system.
(b) Any person or business that maintains computerized data that
includes personal information that the person or business does not
own shall notify the owner or licensee of the information of any
breach of the security of the data immediately following discovery,
if the personal information was, or is reasonably believed to have
been, acquired by an unauthorized person.
(c) The notification required by this section may be delayed if a
law enforcement agency determines that the notification will impede a
criminal investigation. The notification required by this section
shall be made after the law enforcement agency determines that it
will not compromise the investigation.
(d) Any person or business that is required to issue a security
breach notification pursuant to this section shall meet all of the
following requirements:
(1) The security breach notification shall be written in plain
language.
(2) The security breach notification shall include, at a minimum,
the following information:
(A) The name and contact information of the reporting person or
business subject to this section.
(B) A list of the types of personal information that were or are
reasonably believed to have been the subject of a breach.
(C) If the information is possible to determine at the time the
notice is provided, then any of the following: (i) the date of the
breach, (ii) the estimated date of the breach, or (iii) the date
range within which the breach occurred. The notification shall also
include the date of the notice.
(D) Whether notification was delayed as a result of a law
enforcement investigation, if that information is possible to
determine at the time the notice is provided.
(E) A general description of the breach incident, if that
information is possible to determine at the time the notice is
provided.
(F) The estimated number of persons affected by the breach, if
that information is possible to determine at the time the notice is
provided.
(G)
(F) The toll-free telephone numbers and addresses of the
major credit reporting agencies if the breach exposed a social
security number or a driver's license or California identification
card number.
(3) At the discretion of the person or business, the security
breach notification may also include any of the following:
(A) Information about what the person or business has done to
protect individuals whose information has been breached.
(B) Advice on steps that the person whose information has been
breached may take to protect himself or herself.
(e) Any person or business that is required to issue a security
breach notification pursuant to this section to more than 500
California residents as a result of a single breach of the security
system shall electronically submit a single sample copy of that
security breach notification, excluding any personally identifiable
information, to the Attorney General. A single sample copy of a
security breach notification shall not be deemed to be within
subdivision (f) of Section 6254 of the Government Code.
(f) For purposes of this section, "breach of the security of the
system" means unauthorized acquisition of computerized data that
compromises the security, confidentiality, or integrity of personal
information maintained by the person or business. Good faith
acquisition of personal information by an employee or agent of the
person or business for the purposes of the person or business is not
a breach of the security of the system, provided that the personal
information is not used or subject to further unauthorized
disclosure.
(g) For purposes of this section, "personal information" means an
individual's first name or first initial and last name in combination
with any one or more of the following data elements, when either the
name or the data elements are not encrypted:
(1) Social security number.
(2) Driver's license number or California Identification Card
number.
(3) Account number, credit or debit card number, in combination
with any required security code, access code, or password that would
permit access to an individual's financial account.
(4) Medical information.
(5) Health insurance information.
(h) (1) For purposes of this section, "personal information" does
not include publicly available information that is lawfully made
available to the general public from federal, state, or local
government records.
(2) For purposes of this section, "medical information" means any
information regarding an individual's medical history, mental or
physical condition, or medical treatment or diagnosis by a health
care professional.
(3) For purposes of this section, "health insurance information"
means an individual's health insurance policy number or subscriber
identification number, any unique identifier used by a health insurer
to identify the individual, or any information in an individual's
application and claims history, including any appeals records.
(i) For purposes of this section, "notice" may be provided by one
of the following methods:
(1) Written notice.
(2) Electronic notice, if the notice provided is consistent with
the provisions regarding electronic records and signatures set forth
in Section 7001 of Title 15 of the United States Code.
(3) Substitute notice, if the person or business demonstrates that
the cost of providing notice would exceed two hundred fifty thousand
dollars ($250,000), or that the affected class of subject persons to
be notified exceeds 500,000, or the person or business does not have
sufficient contact information. Substitute notice shall consist of
all of the following:
(A) E-mail notice when the person or business has an e-mail
address for the subject persons.
(B) Conspicuous posting of the notice on the Web site page of the
person or business, if the person or business maintains one.
(C) Notification to major statewide media and the Office of
Privacy Protection within the State and Consumer Services Agency.
(j) Notwithstanding subdivision (i), a person or business that
maintains its own notification procedures as part of an information
security policy for the treatment of personal information and is
otherwise consistent with the timing requirements of this part, shall
be deemed to be in compliance with the notification requirements of
this section if the person or business notifies subject persons in
accordance with its policies in the event of a breach of security of
the system.
