Bill Text: CA AB1680 | 2017-2018 | Regular Session | Amended

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Bill Title: California Consumer Privacy Act of 2018.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2018-08-27 - Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c). [AB1680 Detail]

Download: California-2017-AB1680-Amended.html

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Amended  IN  Senate  August 24, 2018

Amended  IN  Senate  September 01, 2017

Amended  IN  Assembly  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 1680

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Introduced by Assembly Member Burke Members Burke, Mullin, and Low

February 17, 2017

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An act to add Section 11546.8 to the Government Code, relating to information technology. amend Section 1798.125 of the Civil Code, relating to personal information.

LEGISLATIVE COUNSEL'S DIGEST

AB 1680, as amended, Burke. Director of Technology: procurement: training program. California Consumer Privacy Act of 2018.

Existing law, the California Consumer Privacy Act of 2018, grants, commencing on January 1, 2020, a consumer various rights with regard to personal information relating to that consumer that is held by a business, including the right to request a business to delete any personal information about the consumer collected by the business, and requires the business to comply with a verifiable consumer request to that effect, unless it is necessary for the business or service provider to maintain the customer’s personal information in order to carry out specified acts.

The act prohibits a business from discriminating against the consumer for exercising any of the consumer’s rights under the act, except if the difference is reasonably related to value provided by the consumer’s data.

This bill would, instead, prohibit a business from unreasonably discriminating against a consumer for exercising of any of the consumer’s rights under the act.

The act authorizes a business to offer financial incentives for collection, sale, or deletion of personal information. The act authorizes a business to offer a different rate, price, level, or quality of goods or services to the consumer if that price or difference is directly related to the value provided to the consumer by the consumer’s data. The act, however, prohibits a business from entering a consumer into a financial incentive program unless the consumer gives the business opt-in consent for the program pursuant to a specified process. The act prohibits a business from using financial incentives practices that are unjust, unreasonable, coercive, or usurious in nature.

This bill would, instead, authorize a business to offer incentives, including payments to consumers for compensation, for the sale or retention of personal information, and make conforming changes to that effect. The bill would, instead, authorizes a business to offer a different rate, price, level, or quality of goods or services to the consumer if that price or difference is reasonably related to the value provided to the business by the consumer’s data, including offering a specific good or service whose functionality is reasonably related to collection, use, or sale of the consumer’s data. The bill would, instead, prohibit a business from entering a consumer into an incentive program unless the consumer gives the business prior opt-in consent after notice provided to the consumer. The bill would, instead, prohibit a business from using incentive practices that are coercive or usurious in nature.

Existing law establishes in state government the Department of Technology within the Government Operations Agency, supervised by the Director of Technology. Existing law requires the director, among other things, to advise the Governor on the strategic management and direction of the state’s information technology resources, to establish and enforce state information technology strategic plans, policies, standards, and enterprise architecture, and to produce an annual information technology strategic plan to guide the acquisition, management, and use of information technology. Existing law makes the department responsible for the approval and oversight of information technology projects.

Under existing law, specific public contracting provisions govern the acquisition of information technology goods and services, and require that the department make or supervise the making of contracts for the acquisition of information technology projects in accordance with that existing law. Under those provisions, except as specified, the department has the final authority in the determination of information technology procurement procedures applicable to acquisitions of information technology projects.

This bill would require the Director of Technology, in cooperation with the Director of General Services, to establish and oversee the implementation of a professional development training program and curriculum within the California Procurement and Contracting Academy for persons engaged in the procurement of information technology in accordance with those specific public contracting provisions, to develop, sustain, and advance their competency and skills in complex information technology acquisition.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 1798.125 of the Civil Code, as added by Section 3 of Chapter 55 of the Statutes of 2018, is amended to read:

1798.125.

 (a) (1) A business shall not unreasonably discriminate against a consumer because the consumer exercised any of the consumer’s rights under this title, including, but not limited to, by:

(A) Denying goods or services to the consumer.

(B) Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties.

(C) Providing a different level or quality of goods or services to the consumer, if the consumer exercises the consumer’s rights under this title.

(D) Suggesting that the consumer will receive a different price or rate for goods or services or a different level or quality of goods or services.

(2) Nothing in this subdivision prohibits a business from charging a consumer a different price or rate, or from providing a different level or quality of goods or services to the consumer, if that difference is reasonably related to the value provided to the consumer by the consumer’s data.

(b) (1) A business may offer financial incentives, including incentives, including, but not limited to, payments to consumers as compensation, for the collection of personal information, the sale or retention of personal information, or the deletion of personal information. information. A business may also offer a different price, rate, level, or quality of goods or services to the consumer consumer, including offering its goods or services for no fee, if that price or difference is directly reasonably related to the value provided to the consumer business by the consumer’s data.

(2) A business that offers any financial incentives pursuant to subdivision (a), shall notify consumers of the financial incentives pursuant to Section 1798.135.

(3) A business may enter a consumer into a financial an incentive program only if the consumer gives the business prior opt-in consent pursuant to Section 1798.135 after notice provided to the consumer which clearly describes the material terms of the financial incentive program, and which may be revoked by the consumer at any time.

(4) A business shall not use financial incentive practices that are unjust, unreasonable, coercive, coercive or usurious in nature.

SECTION 1.Section 11546.8 is added to the Government Code, to read:

11546.8.

The Director of Technology, in cooperation with the Director of General Services, shall establish and oversee the implementation of a professional development training program and curriculum within the California Procurement and Contracting Academy for persons engaged in the procurement of information technology in accordance with Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code, to develop, sustain, and advance their competency and skills in complex information technology acquisition.