Bill Text: CA AB1463 | 2023-2024 | Regular Session | Amended
Bill Title: Automated license plate recognition systems: retention and use of information.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed) 2024-07-02 - In committee: Set, second hearing. Hearing canceled at the request of author. [AB1463 Detail]
Download: California-2023-AB1463-Amended.html
Amended
IN
Assembly
March 09, 2023 |
Introduced by Assembly Member Lowenthal |
February 17, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law, the Information Practices Act of 1977, requires certain state agencies to maintain personal information, as defined, in a specified manner and restricts those state agencies from disclosing personal information contained in its records, as specified. The act requires these state agencies
to maintain the source or sources of the information when collecting personal information.
This bill would make nonsubstantive changes to the provision of the act relating to the requirement to maintain the source or sources of information.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:SEC. 2.
Section 1798.90.5 of the Civil Code is amended to read:1798.90.5.
The following definitions shall apply for purposes of this title:(e)
(f)
SEC. 3.
Section 1798.90.51 of the Civil Code is amended to read:1798.90.51.
An ALPR operator shall do all of the following:SEC. 4.
Section 1798.90.52 of the Civil Code is amended to read:1798.90.52.
If an ALPR operator accesses or provides access to ALPR information, the ALPR operator shall doSEC. 5.
Section 1798.90.53 of the Civil Code is amended to read:1798.90.53.
An ALPR end-user shall do all of the following:SEC. 6.
Section 1798.90.55 of the Civil Code is amended to read:1798.90.55.
Notwithstanding any other law or regulation:SEC. 7.
Section 1798.90.56 is added to the Civil Code, immediately following Section 1798.90.55, to read:1798.90.56.
An ALPR operator or ALPR end-user that is a public agency, excluding an airport authority, shall not access an ALPR system that retains ALPR information that does not match information on a hot list for more than 60 days after the date of collection.(a)Whenever an agency collects personal information, the agency shall maintain the source or sources of the information, unless the source is the data subject or has received a copy of the source document, including, but not limited to, the name of any source who is an individual acting in their own private or individual capacity. If the source is an agency, governmental
entity, or other organization, such as a corporation or association, this requirement
may be met by maintaining the name of the agency, governmental entity, or organization, as long as the smallest reasonably identifiable unit of that agency, governmental entity, or organization is named.
(b)On or after July 1, 2001, unless otherwise authorized by the Department of Information Technology pursuant to Executive Order D-3-99, whenever an agency electronically collects personal information, as defined by Section 11015.5 of the Government Code, the agency shall retain the source or sources or any intermediate form of the information, if either are created or possessed by the agency, unless the source is the data subject that has requested that the information be discarded or the data subject has received a copy of the source document.
(c)An
agency shall maintain the source or sources of the information in a readily accessible form so as to be able to provide it to the data subject when they inspect any record pursuant to Section 1798.34. This section shall not apply if the source or sources are exempt from disclosure under the provisions of this chapter.