BILL NUMBER: SB 741 CHAPTERED
BILL TEXT
CHAPTER 659
FILED WITH SECRETARY OF STATE OCTOBER 8, 2015
APPROVED BY GOVERNOR OCTOBER 8, 2015
PASSED THE SENATE SEPTEMBER 3, 2015
PASSED THE ASSEMBLY SEPTEMBER 2, 2015
AMENDED IN ASSEMBLY AUGUST 31, 2015
AMENDED IN ASSEMBLY AUGUST 17, 2015
AMENDED IN ASSEMBLY JUNE 24, 2015
AMENDED IN SENATE MAY 19, 2015
INTRODUCED BY Senator Hill
(Coauthors: Senators Anderson and Leno)
FEBRUARY 27, 2015
An act to add Article 11 (commencing with Section 53166) to
Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code,
relating to communications.
LEGISLATIVE COUNSEL'S DIGEST
SB 741, Hill. Mobile communications: privacy.
Existing law makes it a crime to manufacture, assemble, sell,
advertise for sale, possess, transport, import, or furnish to another
a device that is primarily or exclusively designed or intended for
eavesdropping upon the communication of another, or any device that
is primarily or exclusively designed or intended for the unauthorized
interception of reception of communications between a cellular radio
telephone, as defined, and a landline telephone or other cellular
radio telephone. Existing law additionally makes it a crime to
purchase, sell, offer to purchase or sell, or conspire to purchase or
sell, any telephone calling pattern record or list, without the
written consent of the subscriber, or to procure, obtain, attempt to
obtain, or conspire to obtain, any calling pattern record or list
through fraud or deceit. Existing law contains certain exemptions
from these crimes for law enforcement agencies.
This bill would require every local agency that operates cellular
communications interception technology, as defined, to maintain
reasonable operational, administrative, technical, and physical
safeguards to protect information gathered through use of the
technology from unauthorized access, destruction, use, modification,
or disclosure and implement a usage and privacy policy, as specified,
to ensure that the collection, use, maintenance, sharing, and
dissemination of information gathered through use of the technology
complies with applicable law and is consistent with respect for an
individual's privacy and civil liberties. The bill would, except as
provided, prohibit a local agency from acquiring cellular
communications interception technology unless that acquisition is
approved by a resolution or ordinance adopted by its legislative body
at a regularly scheduled public meeting of the legislative body held
pursuant to a specified open meetings law. The bill would require
that the resolution or ordinance set forth the policies of the local
agency. The bill would require that the local agency make the usage
and privacy policy available in writing to the public and if the
local agency maintains an Internet Web site, to conspicuously post
the usage and privacy policies on that site. The bill would, in
addition to any other sanctions, penalties, or remedies provided by
law, authorize an individual who has been harmed by a violation of
these provisions to bring a civil action in any court of competent
jurisdiction against a person who knowingly caused that violation.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 11 (commencing with Section 53166) is added to
Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code,
to read:
Article 11. Cellular Communications Interception
53166. (a) For purposes of this article, the following terms have
the following meanings:
(1) "Cellular communications interception technology" means any
device that intercepts mobile telephony calling information or
content, including an international mobile subscriber identity
catcher or other virtual base transceiver station that masquerades as
a cellular station and logs mobile telephony calling information.
(2) "Local agency" means any city, county, city and county,
special district, authority, or other political subdivision of the
state, and includes every county sheriff and city police department.
(b) Every local agency that operates cellular communications
interception technology shall do both of the following:
(1) Maintain reasonable security procedures and practices,
including operational, administrative, technical, and physical
safeguards, to protect information gathered through the use of
cellular communications interception technology from unauthorized
access, destruction, use, modification, or disclosure.
(2) Implement a usage and privacy policy to ensure that the
collection, use, maintenance, sharing, and dissemination of
information gathered through the use of cellular communications
interception technology complies with all applicable law and is
consistent with respect for an individual's privacy and civil
liberties. This usage and privacy policy shall be available in
writing to the public, and, if the local agency has an Internet Web
site, the usage and privacy policy shall be posted conspicuously on
that Internet Web site. The usage and privacy policy shall, at a
minimum, include all of the following:
(A) The authorized purposes for using cellular communications
interception technology and for collecting information using that
technology.
(B) A description of the job title or other designation of the
employees who are authorized to use, or access information collected
through the use of, cellular communications interception technology.
The policy shall identify the training requirements necessary for
those authorized employees.
(C) A description of how the local agency will monitor its own use
of cellular communications interception technology to ensure the
accuracy of the information collected and compliance with all
applicable laws, including laws providing for process and time period
system audits.
(D) The existence of a memorandum of understanding or other
agreement with another local agency or any other party for the shared
use of cellular communications interception technology or the
sharing of information collected through its use, including the
identity of signatory parties.
(E) The purpose of, process for, and restrictions on, the sharing
of information gathered through the use of cellular communications
interception technology with other local agencies and persons.
(F) The length of time information gathered through the use of
cellular communications interception technology will be retained, and
the process the local agency will utilize to determine if and when
to destroy retained information.
(c) (1) Except as provided in paragraph (2), a local agency shall
not acquire cellular communications interception technology unless
approved by its legislative body by adoption, at a regularly
scheduled public meeting held pursuant to the Ralph M. Brown Act
(Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of
Title 5 of the Government Code), of a resolution or ordinance
authorizing that acquisition and the usage and privacy policy
required by this section.
(2) Notwithstanding paragraph (1), the county sheriff shall not
acquire cellular communications interception technology unless the
sheriff provides public notice of the acquisition, which shall be
posted conspicuously on his or her department's Internet Web site,
and his or her department has a usage and privacy policy required by
this section.
(d) In addition to any other sanctions, penalties, or remedies
provided by law, an individual who has been harmed by a violation of
this section may bring a civil action in any court of competent
jurisdiction against a person who knowingly caused that violation.
The court may award a combination of any one or more of the
following:
(1) Actual damages, but not less than liquidated damages in the
amount of two thousand five hundred dollars ($2,500).
(2) Punitive damages upon proof of willful or reckless disregard
of the law.
(3) Reasonable attorney's fees and other litigation costs
reasonably incurred.
(4) Other preliminary and equitable relief as the court determines
to be appropriate.