Bill Text: CA AB288 | 2019-2020 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Consumer privacy: social media companies.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Failed) 2020-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB288 Detail]

Download: California-2019-AB288-Introduced.html

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CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 288

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Introduced by Assembly Member Cunningham
(Coauthors: Assembly Members Chen, Gallagher, Lackey, and Mayes)

January 28, 2019

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An act to add Title 1.81.24 (commencing with Section 1798.90.7) to Part 4 of Division 3 of the Civil Code, relating to privacy.

LEGISLATIVE COUNSEL'S DIGEST

AB 288, as introduced, Cunningham. Consumer privacy: social media companies.

The California Constitution provides for a right of privacy. Existing law prescribes a variety of consumer privacy protections, including those arising from particular business transactions. The California Consumer Privacy Act of 2018, operative January 1, 2020, grants consumers various rights with regard to personal information collected by a business, as defined, including the right to know what is collected and the right to have that information deleted.

This bill would require a social media company, as defined, to provide users that close their accounts the option to have the user’s personally identifiable information permanently removed from the company’s database and records and excluded from sale. The bill would require a social media company to honor such a request within a reasonable time. The bill would authorize specified relief for a consumer for a violation of these provisions.

Digest Key

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

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Bill Text

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

SECTION 1.

 Title 1.81.24 (commencing with Section 1798.90.7) is added to Part 4 of Division 3 of the Civil Code, to read:

TITLE 1.81.24. Social Media Privacy

1798.90.7.

 (a) For the purposes of this title, “social media company” means a company who provides electronic services or accounts, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or internet website profiles or locations.

(b) When a user of the services of a social media company decides to close the user’s account, the company shall provide the user the option of having the user’s personally identifiable information permanently removed from the company’s database and records and excluded from sale. If the user elects to have the user’s personally identifiable information permanently removed and excluded from sale, the social media shall do so. The social media company shall honor that request within a reasonable time.

1798.90.8.

 (a) Any consumer who suffers damages as a result of a violation of this title by any social media company may bring an action in a court of appropriate jurisdiction against that company to recover the following:

(1) In the case of a negligent violation, actual damages, including court costs, loss of wages, attorney’s fees and, when applicable, pain and suffering.

(2) In the case of a willful violation:

(A) Actual damages, as set forth in paragraph (1).

(B) Punitive damages of not less than one hundred dollars ($100) nor more than ten thousand dollars ($10,000) for each violation as the court deems proper.

(C) Any other relief that the court deems proper.

(b) Injunctive relief shall be available to any consumer aggrieved by a violation or a threatened violation of this title whether or not the consumer seeks any other remedy.

(c) Any person who willfully violates any requirement imposed under this title may be liable for punitive damages in the case of a class action, in an amount that the court may allow. In determining the amount of award in any class action, the court shall consider among relevant factors the amount of any actual damages awarded, the frequency of the violations, the resources of the violator and the number of persons adversely affected.

(d) The prevailing plaintiffs in any action commenced under this section shall be entitled to recover court costs and reasonable attorney’s fees.

(e) If a plaintiff only seeks and obtains injunctive relief to compel compliance with this title, court costs and attorney’s fees shall be awarded pursuant to Section 1021.5 of the Code of Civil Procedure.

(f) Nothing in this section is intended to affect remedies available under Section 128.5 of the Code of Civil Procedure.