Bill Text: CA SB362 | 2023-2024 | Regular Session | Introduced

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

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Bill Title: Data broker registration: accessible deletion mechanism.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2023-10-10 - Chaptered by Secretary of State. Chapter 709, Statutes of 2023. [SB362 Detail]

Download: California-2023-SB362-Introduced.html

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CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 362

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Introduced by Senator Becker

February 08, 2023

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An act to amend Section 1798.99.82 of the Civil Code, relating to data brokers.

LEGISLATIVE COUNSEL'S DIGEST

SB 362, as introduced, Becker. Data brokers: registration.

Existing law requires a data broker, as defined, to register with the Attorney General, pay a registration fee, and provide specified information on or before January 31 following each year in which a business meets the definition of a data broker.

This bill would change that date to February 15.

Digest Key

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

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Bill Text

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

SECTION 1.

 Section 1798.99.82 of the Civil Code is amended to read:

1798.99.82.

 (a) On or before January 31 February 15 following each year in which a business meets the definition of data broker as provided in this title, the business shall register with the Attorney General pursuant to the requirements of this section.

(b) In registering with the Attorney General, as described in subdivision (a), a data broker shall do all of the following:

(1) Pay a registration fee in an amount determined by the Attorney General, not to exceed the reasonable costs of establishing and maintaining the informational internet website described in Section 1798.99.84. Registration fees shall be deposited in the Data Brokers’ Registry Fund, created within the State Treasury pursuant to Section 1798.99.81, and used for the purposes outlined in this paragraph.

(2) Provide the following information:

(A) The name of the data broker and its primary physical, email, and internet website addresses.

(B) Any additional information or explanation the data broker chooses to provide concerning its data collection practices.

(c) A data broker that fails to register as required by this section is subject to injunction and is liable for civil penalties, fees, and costs in an action brought in the name of the people of the State of California by the Attorney General as follows:

(1) A civil penalty of one hundred dollars ($100) for each day the data broker fails to register as required by this section.

(2) An amount equal to the fees that were due during the period it failed to register.

(3) Expenses incurred by the Attorney General in the investigation and prosecution of the action as the court deems appropriate.

(d) Any penalties, fees, and expenses recovered in an action prosecuted under subdivision (c) shall be deposited in the Consumer Privacy Fund, created within the General Fund pursuant to subdivision (a) of Section 1798.160, with the intent that they be used to fully offset costs incurred by the state courts and the Attorney General in connection with this title.