Bill Text: CA SB1330 | 2011-2012 | Regular Session | Amended
Bill Title: License plate recognition technology: use of personal
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-06-07 - Ordered to inactive file on request of Senator Simitian. [SB1330 Detail]
Download: California-2011-SB1330-Amended.html
BILL NUMBER: SB 1330 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 29, 2012
AMENDED IN SENATE MAY 1, 2012
AMENDED IN SENATE MARCH 29, 2012
INTRODUCED BY Senator Simitian
FEBRUARY 23, 2012
An act to add Title 1.81.23 (commencing with Section 1798.90.5) to
Part 4 of Division 3 of the Civil Code, relating to personal
information.
LEGISLATIVE COUNSEL'S DIGEST
SB 1330, as amended, Simitian. License plate recognition
technology: use of personal information.
Existing law authorizes the Department of the California Highway
Patrol to retain license plate data captured by license plate
recognition (LPR) technology for not more than 60 days unless the
data is being used as evidence or for the investigation of felonies.
Existing law prohibits the department from selling the data or from
making the data available to an agency that is not a law enforcement
agency or an individual that is not a law enforcement officer.
Existing law authorizes the department to use LPR data for the
purpose of locating vehicles or persons reasonably suspected of being
involved in the commission of a public offense and requires the
department to monitor the internal use of the data to prevent
unauthorized use and to submit to the Legislature, as a part of the
annual automobile theft report, information on the department's LPR
practices and usage.
This bill would apply similar requirements to persons, as defined,
who use LPR technology and would additionally require, among other
things, compliance with all applicable statutory and constitutional
requirements, and disclosure to a law enforcement agency only
pursuant to a search warrant, except as specified. The bill would
require a law enforcement agency that obtains data pursuant to a
search warrant to notify the person whose information is disclosed
that his or her records have been obtained. The bill would authorize
a person whose information is sold or disclosed in violation of these
provisions to bring a civil action and would entitle the person to
recover any and all consequential and incidental damages, including
all costs and attorney's fees.
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. Title 1.81.23 (commencing with Section 1798.90.5) is
added to Part 4 of Division 3 of the Civil Code, to read:
TITLE 1.81.23. CONFIDENTIALITY OF LICENSE PLATE INFORMATION
1798.90.5. (a) A person, other than a state and local law
enforcement agency, shall comply with all applicable statutory and
constitutional requirements and subdivision (b) when using license
plate recognition (LPR) technology. As used in this section, a
"person" has the same meaning as defined in Section 470 of the
Vehicle Code.
(b) A person who uses LPR technology shall comply with all of the
following:
(1) The person shall retain license plate data captured by LPR
technology for not more than 60 days.
(2) The Except as
provided in paragraph (3), the person shall not sell LPR data
for any purpose and shall not make the data available to an agency or
person that is not a law enforcement agency or an individual who is
not a law enforcement officer.
(3) A person may sell or distribute LPR data as follows:
(A) To a public parking authority, a vendor contracted with a
public parking authority, or any subcontractor thereof, if the use of
the data pertains to the collection of outstanding parking tickets
or the enforcement of local parking ordinances.
(B) To a licensed repossession agency or its employees, to the
legal owner of the collateral, as defined in subdivisions (e) and
(n), of Section 7500.1 of the Business and Professions Code, or to
the owner's authorized agent, if the use of the data pertains to the
recovery or attempted recovery of collateral that requires
registration with the Department of Motor Vehicles.
(3)
(4) Except as provided in paragraph (4)
(5) , the person shall make data available to a
law enforcement agency only pursuant to a search warrant. Absent a
provision in the search warrant to the contrary, the law enforcement
agency shall immediately, but in any event within no more than five
days, notify the person whose information has been disclosed that his
or her records have been obtained and shall provide that person with
a copy of the search warrant and the identity of the law enforcement
agency or law enforcement officer to whom the records were provided.
(4)
(5) The person shall allow a peace officer, as defined
in Section 830.1 or 830.2 of the Penal Code, when conducting a
criminal or traffic collision investigation, to obtain personally
identifiable information of a person if the officer has good cause to
believe that a delay in obtaining this information by seeking a
search warrant would cause an adverse result as defined in paragraph
(2) of subdivision (a) of Section 1524.2 of the Penal Code.
(5)
(6) The person shall monitor the internal use of LPR
data to prevent its unauthorized use.
(6)
(7) The person shall adopt a privacy policy to ensure
that personally identifiable information is not unlawfully disclosed.
(7)
(8) The person shall conspicuously post the privacy
policy on its Internet Web site.
(8)
(9) The person shall report annually its LPR practices
and usage, including the number of LPR data disclosures, a record of
the law enforcement agencies or peace officers to which data was
disclosed and for what purpose, and any changes in policy that affect
privacy concerns, to the Department of Justice.
(c) A person whose information is sold or disclosed in violation
of this section may bring a civil action and shall be entitled to
recover any and all consequential and incidental damages, including
all costs and attorney's fees.
