Bill Text: CA SB576 | 2015-2016 | Regular Session | Introduced

California Senate Bill 576 (Prior Session Legislation)

Introduced

Bill Title: Mobile applications: geolocation information: privacy.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB576 Detail]

Download: California-2015-SB576-Introduced.html

BILL NUMBER: SB 576	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Leno

                        FEBRUARY 26, 2015

   An act to amend Section 22577 of, and to add Section 22575.1 to,
the Business and Professions Code, relating to privacy.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 576, as introduced, Leno. Mobile applications: geolocation
information: privacy.
   Existing law requires an operator of a commercial Web site or
online service that collects personally identifiable information
through the Internet, about individual consumers residing in
California who use or visit its commercial Internet Web site or
online service, to make a privacy policy available to consumers and
to include specified information relating to the collection of
personally identifiable information within that privacy policy.
   This bill would require the operator of a mobile application to
provide clear and conspicuous notice that fully informs consumers
when, how, and why their geolocation information, as defined, will be
collected, used, and shared upon installation of the application.
The bill would require the operator of a mobile application to obtain
consent before collecting or using geolocation information and to
obtain separate consent before disclosing that information.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 22575.1 is added to the Business and
Professions Code, to read:
   22575.1.  (a) An operator of a mobile application shall provide
clear and conspicuous notice that fully informs consumers when, how,
and why their geolocation information will be collected, used, and
shared upon installation of the application.
   (b) An operator of a mobile application shall obtain a user's
affirmative express consent before collecting or using the user's
geolocation information. The operator shall separately obtain the
user's affirmative express consent before disclosing the user's
geolocation information.
  SEC. 2.  Section 22577 of the Business and Professions Code is
amended to read:
   22577.  For the purposes of this chapter, the following
definitions apply:
   (a) The term "personally identifiable information" means
individually identifiable information about an individual consumer
collected online by the operator from that individual and maintained
by the operator in an accessible form, including any of the
following:
   (1) A first and last name.
   (2) A home or other physical address, including street name and
name of a city or town.
   (3) An  e-mail   email  address.
   (4) A telephone number.
   (5) A social security number.
   (6) Any other identifier that permits the physical or online
contacting of a specific individual.
   (7) Information concerning a user that the  Internet  Web
site or online service collects online from the user and maintains
in personally identifiable form in combination with an identifier
described in this subdivision.
   (b) The term "conspicuously post" with respect to a privacy policy
shall include posting the privacy policy through any of the
following:
   (1) A Web page on which the actual privacy policy is posted if the
 Internet  Web page is the homepage or first significant
page after entering the  Internet  Web site.
   (2) An icon that hyperlinks to  a   an
Internet  Web page on which the actual privacy policy is posted,
if the icon is located on the homepage or the first significant page
after entering the  Internet  Web site, and if the icon
contains the word "privacy." The icon shall also use a color that
contrasts with the background color of the  Internet  Web
page or is otherwise distinguishable.
   (3) A text link that hyperlinks to  a   an
Internet  Web page on which the actual privacy policy is posted,
if the text link is located on the homepage or first significant
page after entering the  Internet  Web site, and if the text
link does one of the following:
   (A) Includes the word "privacy."
   (B) Is written in capital letters equal to or greater in size than
the surrounding text.
   (C) Is written in larger type than the surrounding text, or in
contrasting type, font, or color to the surrounding text of the same
size, or set off from the surrounding text of the same size by
symbols or other marks that call attention to the language.
   (4) Any other functional hyperlink that is so displayed that a
reasonable person would notice it.
   (5) In the case of an online service, any other reasonably
accessible means of making the privacy policy available for consumers
of the online service.
   (c) The term "operator" means any person or entity that owns
 a   an Internet  Web site  located
on the Internet  or an online service  , including a
mobile application,  that collects and maintains personally
identifiable information from a consumer residing in California who
uses or visits the  Internet  Web site or online service if
the  Internet  Web site or online service is operated for
commercial purposes. It does not include any third party that
operates, hosts, or manages, but does not own,  a 
 an Internet  Web site or online service on the owner's
behalf or by processing information on behalf of the owner.
   (d) The term "consumer" means any individual who seeks or
acquires, by purchase or lease, any goods, services, money, or credit
for personal, family, or household purposes. 
   (e) The term "geolocation information" means information that can
be used to identify the physical location of an electronic device or
its user.