Bill Text: CA SB362 | 2023-2024 | Regular Session | Amended
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-Amended.html
Amended
IN
Senate
April 10, 2023 |
Introduced by Senator Becker |
February 08, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
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: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1798.99.80 of the Civil Code is amended to read:1798.99.80.
For purposes of this title:(a)“Business” has the meaning provided in subdivision (d) of Section 1798.140.
(b)“Collects” and “collection” have the meaning provided in subdivision (f) of Section 1798.140.
(c)“Consumer” has the meaning provided in subdivision (i) of Section 1798.140.
(d)
(e)“Personal information” has the meaning provided in subdivision (v) of Section 1798.140.
(f)“Sell” has the meaning provided in subdivision (ad) of Section 1798.140.
(g)“Third party” has the meaning provided in subdivision (ai) of Section 1798.140.
SEC. 2.
Section 1798.99.81 of the Civil Code is amended to read:1798.99.81.
A fund to be known as the “Data Brokers’ Registry Fund” is hereby created within the State Treasury. All registration fees received pursuant to paragraph (1) of subdivision (b) of Section 1798.99.82 and all penalties, fines, fees, and expenses recovered in an action prosecuted under subdivisions (c) to (f), inclusive, of Section 1798.99.82 shall be deposited into the Data Brokers’ Registry Fund, to be available for expenditure by the Department ofSEC. 3.
Section 1798.99.82 of the Civil Code is amended to read:1798.99.82.
(a) On or before January 31 following each year in which a business meets the definition of data broker as provided in this title, the business shall register with the(B)
(d)
SEC. 4.
Section 1798.99.84 of the Civil Code is amended to read:1798.99.84.
TheSEC. 5.
Section 1798.99.85 is added to the Civil Code, to read:1798.99.85.
(a) On or before January 31 following each year in which a business meets the definition of a data broker as provided in this title, the business shall do all of the following:SEC. 6.
Section 1798.99.86 is added to the Civil Code, to read:1798.99.86.
(a) By January 1, 2025, the California Privacy Protection Agency shall establish an accessible deletion mechanism that does both of the following:SEC. 7.
The Legislature finds and declares that this act furthers the purposes and intent of the California Privacy Rights Act of 2020 by ensuring consumers’ rights, including the constitutional right to privacy, are protected by enabling and empowering Californians to request that data brokers delete their personal information and prohibiting data brokers from collecting consumers’ personal information in the future.(a)On or before 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.