Bill Text: CA SB362 | 2023-2024 | Regular Session | Amended
Bill Title: Data broker registration: accessible deletion mechanism.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2023-10-10 - Chaptered by Secretary of State. Chapter 709, Statutes of 2023. [SB362 Detail]
Download: California-2023-SB362-Amended.html
Amended
IN
Senate
May 18, 2023 |
Amended
IN
Senate
April 27, 2023 |
Amended
IN
Senate
April 10, 2023 |
Introduced by Senator Becker (Principal coauthor: Senator Wiener) (Coauthor: Senator Min) (Coauthor: Assembly Member Wicks) |
February 08, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1798.99.80 of the Civil Code is amended to read:1798.99.80.
For purposes of this title:SEC. 2.
Section 1798.99.81 of the Civil Code is amended to read:1798.99.81.
A fund to be known as the “Data Brokers’ Registry Fund” is hereby created within the State Treasury. All registration fees received pursuant to paragraph (1) of subdivision (b) of Section 1798.99.82 and all penalties, fines, fees, and expenses recovered in an action prosecuted under subdivisions (c) to (f), inclusive, of Section 1798.99.82 shall be deposited into the Data Brokers’ Registry Fund, to be available for expenditure by the Department of Justice and the California Privacy Protection Agency, upon appropriation by the Legislature, to offset all of the following costs:SEC. 3.
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 California Privacy Protection Agency pursuant to the requirements of this section.SEC. 4.
Section 1798.99.84 of the Civil Code is amended to read:1798.99.84.
The California Privacy Protection Agency shall create a page on its internet website where the registration information provided by data brokers described in paragraph (2) of subdivision (b) of Section 1798.99.82 and the accessible deletion mechanism described in Section 1798.99.86 shall be accessible to the public.SEC. 5.
Section 1798.99.85 is added to the Civil Code, to read:1798.99.85.
(a) On or before January 31 following each year in which a business meets the definition of a data broker as provided in this title, the business shall do all of the following:SEC. 6.
Section 1798.99.86 is added to the Civil Code, to read:1798.99.86.
(a) By January 1,(c)The California Privacy Protection Agency may promulgate regulations to improve the operational privacy and security of the system.
(d)
(A)Personal information that is processed or maintained solely as part of human subjects research conducted in compliance with any legal requirements for the protection of human subjects.
(B)Personal information necessary to comply with a warrant, subpoena, court order, rule, or other applicable law, but only for as long as is needed to comply.
(C)Personal information necessary for the exercising of free speech or necessary to ensure the right of another consumer to exercise that consumer’s right of free speech or another right provided for by law.
(e)
(f)
(g)
(h)Regulations promulgated pursuant to this section shall be adopted in compliance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).