Legislation

Nine Attorneys General Voice Strong Opposition to Chemical Safety Improvement Act

July 30, 2013
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO -- Attorney General Kamala D. Harris today released a letter that she and eight other Attorneys General sent to Congress strongly objecting to the Chemical Safety Improvement Act (S.1009) in its current form.

The letter outlines their shared concern that S.1009, which amends the Toxic Substance Control Act (TSCA), jeopardizes public health and safety by severely limiting states’ long-standing power to protect the public from toxic chemicals.

“This bill puts Californians at risk from toxic chemicals and inhibits the development of safer, cleaner products,” said Attorney General Harris. “California is a national leader in protecting public health and the environment from dangerous chemicals–and we aim to stay that way.”

California was joined by Attorneys Generals from Connecticut, Delaware, Maryland, Massachusetts, New Mexico, Oregon, Vermont and Washington. The letter outlines shared concern that S.1009’s preemption provisions are too broad.

In California the following programs, among others, are at risk under the current version of S.1009:

  • The statewide ban on certain flame retardants.
  • Laws limiting the use of volatile organic compounds in consumer products—a significant cause of ozone pollution and asthma.
  • Proposition 65, which has resulted in manufacturers disclosing dangerous chemicals and reformulating products to reduce their levels. Examples include the reduction of lead in children’s bounce houses, playground structures and costume jewelry.
  • California’s Green Chemistry Program, which promotes the use of safer alternatives to toxic chemicals in everyday products.

Michael Troncoso, Senior Counsel to Attorney General Harris, will testify Wednesday on the bill in front of the U.S. Senate’s Committee on Environment and Public Works.

Last month, Attorney General Harris’ office sent a letter to U.S. Senator Barbara Boxer outlining initial concerns about S.1009.

The Attorneys General letter can be found attached to this release at www.oag.ca.gov/news

AttachmentSize
PDF icon TSCA Multistate Letter632.06 KB

Attorney General Kamala D. Harris Releases Report on Data Breaches; 2.5 Million Californians Had Personal Information Compromised

July 1, 2013
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO -- Attorney General Kamala D. Harris today released the first report detailing the 131 data breaches reported to her office in 2012, showing that 2.5 million Californians had personal information put at risk through an electronic data breach.

The report found that 1.4 million Californians would have been protected if companies had encrypted data when moving or sending the data out of the company’s network.

"Data breaches are a serious threat to individuals' privacy, finances and even personal security,” Attorney General Harris said. "Companies and government agencies must do more to protect people by protecting data."

In 2003, California was the first state to pass a law (AB 700, Simitian) mandating data breach notification, which requires businesses and state agencies to notify Californians when their personal information is compromised in security breach. In 2012, companies and state agencies subject to the law were required for the first time to report any breach that involved more than 500 Californians to the Attorney General’s Office. (SB 24, Simitian)

While not required by law, Attorney General Harris is issuing this report that analyses the data breach notices reported in 2012, provides information to the public about those breaches, and makes recommendations to companies, law enforcement agencies, and the legislature about how data security could be improved. Those recommendations include practices that would decrease the number of data breaches, make it easier for consumers to recover from the loss or theft of their personal information, and call for law enforcement agencies to more aggressively target breaches involving unencrypted personal information.

First, companies should encrypt digital personal information when moving or sending it out of their secure network.  In 2012, encryption would have prevented reporting companies and agencies from putting over 1.4 million Californians at risk. The Attorney General’s Office will make it an enforcement priority to investigate breaches involving unencrypted personal information.

In addition, companies should review and tighten their security controls on personal information, including training employees and contractors.

Companies should make the breach notices they send easier to read. The report found that the average reading level of the notices submitted in 2012 was 14th grade, much higher than the average U.S. reading level of 8th grade. Recipients need to be able to understand the notices so that they can take appropriate action to protect their information.

Finally, the report recommends that legislators consider expanding the law to require notification of breaches involving passwords. Attorney General Harris is supporting legislation, SB 46 by Senator Ellen Corbett, which would require notification of a breach involving a user name or email address, in combination with a password or security question and answer that would permit access to an online account.

Additional key findings of the report include:

  • The average (mean) breach incident involved the information of 22,500 individuals. The median breach size was 2,500 affected individuals, with five breaches of 100,000 or more individuals’ personal information.
  • More than 1.4 million Californians would not have been put at risk, and 28 percent of the data breaches would not have required notification, if the data had been encrypted.
  • The retail industry reported the most data breaches in 2012: 34 (26 percent of the total reported breaches), followed by finance and insurance with 30 (23 percent).
  • More than half of the breaches (56 percent) involved Social Security numbers, which pose the greatest risk of the most serious types of identity theft.
  • More than half of the breaches (55 percent) were the result of intentional intrusions by outsiders or by unauthorized insiders. The other 45 percent were largely the result of failures to adopt or carry out appropriate security measures.

Attorney General Harris established the Privacy Enforcement and Protection Unit in 2012 to enforce federal and state privacy laws regulating the collection, retention, disclosure, and destruction of private or sensitive information by individuals, organizations, and the government. This includes California’s Online Privacy Protection Act, as well as laws relating to cyber privacy, health and financial privacy, identity theft, government records and data breaches.

In October 2012, Attorney General Harris announced a settlement with Anthem Blue Cross over allegations the company breached its members’ personal data by failing to protect their Social Security Numbers.

A complete copy of the data breach report and a list of all 131 breaches are attached to the online version of this release at http://oag.ca.gov.

To learn more about the Attorney General’s privacy work, visit http://oag.ca.gov/privacy.

AttachmentSize
PDF icon BREACH REPORT 2012.pdf2.47 MB
PDF icon List of 2012 Breaches.pdf121.2 KB

Attorney General Kamala D. Harris Praises Increased Funding for Armed and Prohibited Persons Program

May 1, 2013
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SACRAMENTO -- Attorney General Kamala D. Harris today applauded Governor Jerry Brown for signing a bill that provides $24 million for a Department of Justice program that takes firearms out of the hands of individuals who are prohibited by law from owning them.

“California is leading the nation in a common-sense effort to protect public safety by taking guns away from dangerous, violent individuals who are prohibited by law from owning them,” said Attorney General Harris. “These funds will allow the Department of Justice to increase the number of agents conducting these smart and effective operations. I commend Governor Brown for signing this critical public safety investment into law.”

Senate Bill 140, which takes effect immediately, will allow the Attorney General to hire 36 additional agents for the Armed and Prohibited Persons program (APPS). It will enable the Department of Justice to increase enforcement operations in Los Angeles, San Francisco, Sacramento, Fresno and Riverside.

 California is the only state with a program like APPS, which identifies people who previously purchased one or more guns, but are later prohibited from owning them. A person becomes prohibited if he or she is convicted of a felony or a violent misdemeanor, is placed under a domestic violence restraining order or is determined to be mentally unstable.

Senate Bill 140, by Senator Mark Leno, appropriates $24 million to the Department of Justice from a fund created by fees paid by gun owners at the time of purchase to hire additional agents and support staff.

“I applaud Governor Brown for signing into law this important legislation that addresses California’s growing backlog of illegally possessed firearms,” said Senator Leno, D- San Francisco. “While our state is the only one in the nation that has a system to track and identify persons who at one time made legal purchases of firearms but are now barred from possessing them, until now we have lacked sufficient resources to take back those weapons. We know for the safety of our communities that these people should not possess guns, and our reinvestment in this tracking program gives us the opportunity to confiscate them.”

Upon taking office in 2011, Attorney General Harris added 10 agents to the program, making a total of 33, in order to increase the number of guns confiscated from prohibited persons. Over the last two years, DOJ agents have investigated nearly 4,000 people and seized nearly 4,000 weapons, including nearly 2,000 handguns and more than 300 assault weapons. In the first three months of 2013, agents have collected 461 firearms and 23,080 rounds of ammunition.

The APPS database cross-references five databases to identify those who legally purchased handguns and registered assault weapons since 1996 with people who are prohibited from owning or possessing firearms.

The database was completed in November 2006, and the first statewide sweep was conducted in 2007.

When Attorney General Harris took office, she directed Department of Justice agents to conduct daily enforcement activities with the support of local law enforcement.

In January, Attorney General Harris sent a letter to Vice President Biden urging the APPS program to be considered as a national model. In February, she announced her support for U.S. Rep. Mike Thompson’s legislation to create a national grant program that will allow other states to start their own APPS programs.

Attorney General Kamala D. Harris Applauds Senate Committee’s Passage of Legislation to Upgrade California’s Prescription Drug Monitoring Program

April 15, 2013
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SACRAMENTO -- Attorney General Kamala D. Harris today praised the passage of a bill she is sponsoring to upgrade and expand California’s prescription drug monitoring program as an important step in combating a serious public health and law enforcement issue. The bill passed out of the Senate Business and Professions Committee on a 7 to 2 vote.

The Department of Justice’s Controlled Substance Utilization Review and Evaluation System (CURES) program and Prescription Drug Monitoring Program (PDMP) allow authorized prescribers and pharmacists to quickly review controlled substance information and patient prescription history in an effort to identify and deter drug abuse and diversion.

“This legislation will modernize and strengthen the program and provide doctors and law enforcement with a powerful tool to fight prescription drug abuse,” Attorney General Harris said. “CURES is about making government smarter and more efficient. Senate Bill 809 will help save lives.”

Senate Bill 809 by Senator Mark DeSaulnier (D-Concord) will require all prescribers and dispensers to enroll in and use the system.

“SB 809 allows us to not only save, but strengthen, the CURES program,” said Senator DeSaulnier. “This must be a top priority for California. The technology exists for us to make a real difference in the prescription drug epidemic, and too many lives have been lost for us not to take action. The price to pay is small when there are thousands of lives on the line.”

“Criminal street gangs use the sale of prescription drugs to fund their operations in the United States,” said Chief Dan Drummond of the West Sacramento Police Department. “CURES is a multi-faceted tool that can be used for intervention, prevention, education and ultimately enforcement.”

Attorney General Harris has worked hard to save the CURES program, which had its funding slashed to almost nothing when the Department of Justice took a $71 million budget cut two years ago. She formed a working group with interested parties to push for an improved prescription drug monitoring system.

SB 809 includes a small increase in the provider license fee of 1.16 percent to pay for the annual cost to operate the program and a one-time assessment on health care plans for the upgrade, which will modernize and improve the information gathering and sharing.

In addition, an annual fee on narcotic drug manufacturers who do business in California will pay for two State of California Regional Investigative Prescription Teams. These teams will increase investigation into incidents of prescription drug abuse, pursue organized crime and provide oversight and auditing of prescription pad printers.

Current funding sources are insufficient to operate and maintain CURES.  If another source of funding is not identified, the program will be eliminated on July 1, 2013.

Video of the press conference can be seen here: http://www.youtube.com/watch?v=WV33itjsrxE

Attorney General Kamala D. Harris Announces $1 Million Grant to Benefit California Homeowners

March 28, 2013
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO -- Attorney General Kamala D. Harris today announced a $1 million California Homeowner Bill of Rights implementation grant to The National Housing Law Project.

“Californians were hit hard by the mortgage crisis and many people are still struggling to stay in their homes,” Attorney General Harris said. “The California Homeowner Bill of Rights gives borrowers more opportunities to stay in their homes, and this grant will help make sure the law is applied across the state and that everyone gets the protection they are entitled to.”

The California Homeowner Bill of Rights (HBOR) is a set of landmark laws that extend key mortgage and foreclosure protections to California homeowners and borrowers. The laws, which took effect at the beginning of this year, restrict dual-track foreclosures, guarantee struggling homeowners a reliable point of contact at their lender, impose civil penalties on fraudulently signed mortgage documents and require loan servicers to document their right to foreclose.

This grant will maximize consumer benefits from the HBOR, while minimizing abuses of the law by providing training to California consumer and housing attorneys from both private and non-profit firms.

The National Housing Law Project will partner with Western Center on Law and Poverty, National Consumer Law Center and Tenants Together to implement this grant.

The National Housing Law Project and its partners will use the grant to:

  • Provide high-quality, on-site trainings and webinars to consumer and housing attorneys on how to maximize the HBOR’s protections.
  • Train more than 800 lawyers.
  • Provide support in cases that raise important legal issues or have potential for broad impact.
  • Create a library of litigation materials to help attorneys maximize the HBOR’s benefits.
  • Produce a report that analyzes the HBOR’s statewide impact and identifies compliance problems.

Funds provided through this grant were secured by Attorney General Harris through the $18 billion National Mortgage Settlement.

Established in 1968, The National Housing Law Project seeks to advance housing justice by advocating for affordable housing, litigating to uphold homeowners’ and tenants’ rights and offering technical assistance to legal aid attorneys who work with low-income families.

The State Bar has partnered with the Attorney General’s Office to administer the grant and monitor compliance. The National Housing Law Project will provide quarterly financial and program reports to the State Bar and the Attorney General’s Office.

Attorney General Kamala D. Harris Announces Funding to Double APPS Program Passes State Senate

March 7, 2013
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SACRAMENTO -- Attorney General Kamala D. Harris today applauded the California State Senate’s bipartisan approval of a bill to increase funding for a Department of Justice program that takes firearms out of the hands of individuals who are prohibited from owning them.

“Taking guns away from dangerous, violent individuals who are prohibited by law from owning them is smart and efficient law enforcement,” said Attorney General Harris. “I commend the State Senate for strongly supporting this critical investment in public safety. Senate Bill 140 will allow us to double law enforcement’s efforts to take guns off the street.”

California is the only state to have an Armed and Prohibited Persons program (APPS), which identifies people who have a legally registered gun, but are later prohibited from owning it. A person becomes prohibited if he or she is convicted of a felony or a violent misdemeanor, is placed under a domestic violence restraining order or is determined to be mentally unstable.

Senate Bill 140, by Senator Mark Leno, passed the Senate on a 31 to 0 vote. The bill would appropriate $24 million to the Department of Justice from the Dealer Record of Sale account to allow for 36 additional agents to be hired for the APPS program. In 2012, DOJ agents investigated 2,148 cases and seized 1,963 weapons, including 261 assault weapons, and 117,887 rounds of ammunition.

“As we continue to debate how to best curb gun violence, this part of the solution is a no-brainer,” said Senate President pro Tempore Darrell Steinberg. “When we know thousands of guns are in the wrong hands, and we know who those people are, we need to eliminate as much of that danger as quickly as possible. This is a small but vital investment to protect our communities.”

“When it comes to preventing gun violence in California, we are at a distinct advantage because we are the only state in the nation that utilizes a unique system to identify persons who are barred from possessing firearms,” said Senator Leno, D-San Francisco. “However, we have only been able to confiscate a small number of these illegally possessed weapons due to lack of resources. Our reinvestment in this statewide identification program will help eliminate a troubling backlog and growing mountain of illegal weapons, which threatens public safety in our communities and prevents us from enforcing existing firearms laws.”

Upon taking office in 2011, Attorney General Harris added 10 agents, making a total of 33, to the program in order to increase the number of guns confiscated from prohibited persons. Over the last two years, DOJ agents have investigated nearly 4,000 people and seized nearly 4,000 weapons, including nearly 2,000 handguns and more than 300 assault weapons.

The APPS database cross-references five databases to identify those who legally purchased handguns and registered assault weapons since 1996 with people who are prohibited from owning or possessing firearms.

The database was completed in November 2006, and the first statewide sweep was conducted in 2007.

When Attorney General Harris took office, she directed Department of Justice agents to conduct daily enforcement activities with the support of local law enforcement.

In January, Attorney General Harris sent a letter to Vice President Biden urging the APPS program to be considered as a national model. Last week, she announced her support for U.S. Rep. Mike Thompson’s legislation to create a national grant program that will allow other states to start their own APPS programs.

Attorney General Kamala D. Harris Issues Statement on Senator Dianne Feinstein’s Federal Assault Weapons Legislation

January 24, 2013
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO -- Attorney General Kamala D. Harris today issued the following statement on Senator Dianne Feinstein’s federal assault weapons legislation:

"Senator Feinstein's renewed call to reactivate the federal assault weapons ban and to ban high-capacity magazines is in the best interest of public safety. These weapons of war are too often used to take innocent lives and do not belong on our streets.  I was proud to stand with Senator Feinstein when she fought to restore the ban in 2004, and I am proud to stand with her again today."

Attorney General Kamala D. Harris Issues Statement on Governor Brown’s Proposed Budget

January 10, 2013
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SACRAMENTO -- Attorney General Kamala D. Harris today issued the following statement on Governor Brown’s proposed budget:

“Today Governor Brown proposed a balanced budget that avoids the deep cuts the state has suffered for many years. Voters placed their trust in state government by approving Proposition 30 and it is important that their trust is honored and their money is spent wisely. This includes smart investments that benefit Californians, such as restoring funding for the state's prescription-drug monitoring program and support for law enforcement programs that reduce the number of illegal firearms on our streets. It also means sending resources to our schools in a way that ensures all children, especially those in our poorest communities, receive a quality education.”

Attorney General Kamala D. Harris Announces the California Homeowner Bill of Rights to Take Effect on January 1

December 20, 2012
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SACRAMENTO -- Attorney General Kamala D. Harris today announced that the California Homeowner Bill of Rights, a landmark package of legislation that extends key mortgage and foreclosure protections to California homeowners and borrowers, will take effect on January 1, 2013.

The new laws restrict dual-track foreclosures, guarantee struggling homeowners a reliable point of contact at their lender and impose civil penalties on fraudulently signed mortgage documents. In addition, homeowners may require loan servicers to document their right to foreclose.

“For too long, struggling homeowners in California have been denied fairness and transparency when dealing with their lending institutions,” said Attorney General Harris. “These laws give homeowners new rights as they work through the foreclosure process and will give Californians a fair opportunity to stay in their homes.”

Governor Jerry Brown signed the California Homeowner Bill of Rights into law to bring fairness, accountability and transparency to the state’s foreclosure process. As a result:

  • There is a restriction on dual-track foreclosures, where a lender forecloses on a borrower despite being in discussions over a loan modification to save the home.
  • Struggling homeowners are guaranteed lenders will provide them a single point of contact with knowledge of their loan and direct access to the banks’ decision makers.
  • The statute of limitations to prosecute mortgage-related crimes is extended from one to three years, allowing the Attorney General’s office to investigate and prosecute complex mortgage fraud crimes.
  • The Attorney General’s office can use statewide grand juries to investigate and indict the perpetrators of financial crimes involving victims in multiple counties.  
  • Purchasers of foreclosed homes are required to give tenants at least 90 days before starting eviction proceedings. If the tenant has a fixed-term lease of one year or less, the new owner must honor the lease unless the owner can prove that exceptions intended to prevent fraudulent leases apply. 
  • Local governments have additional tools to fight blight caused by multiple vacant homes in their neighborhoods.

The California Homeowner Bill of Rights marks a significant step in Attorney General Harris’ response to the state’s foreclosure and mortgage crisis. The Mortgage Fraud Strike Force was created in May 2011 to investigate and prosecute misconduct at all stages of the mortgage process. In February 2012, Attorney General Harris secured a commitment from the nation’s five largest banks of up to $18 billion for California borrowers.

For more information, see http://oag.ca.gov/hbor.

Attorney General Kamala D. Harris Files Suit Against Delta Airlines for Failure to Comply with California Privacy Law

December 6, 2012
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO – Attorney General Kamala D. Harris announced today the first legal action under California’s online privacy law against Delta Airlines, Inc. for failing to comply with the state’s Online Privacy Protection Act.

Delta, headquartered in Atlanta, GA, was among the companies given 30 days to conspicuously post a privacy policy within their mobile app that informs users of what personally identifiable information is being collected and what will be done with it.

“Losing your personal privacy should not be the cost of using mobile apps, but all too often it is,” said Attorney General Harris. “California law is clear that mobile apps collecting personal information need privacy policies, and that the users of those apps deserve to know what is being done with their personal information.”

The California Online Privacy Protection Act requires commercial operators of websites and online services, including mobile and social apps, which collect personally identifiable information from Californians to conspicuously post a privacy policy. Privacy policies are an important safeguard for consumers. Privacy policies promote transparency in how companies collect, use, and share personal information.  If developers do not comply with their stated privacy policies, they can be prosecuted under California’s Unfair Competition Law and/or False Advertising Law.

The complaint alleges that since at least 2010, Delta has operated a mobile app called “Fly Delta” for use on smartphones and other electronic devices.   The Fly Delta app may be used to check-in online for an airplane flight, view reservations for air travel, rebook cancelled or missed flights, pay for checked baggage, track checked baggage, access a user’s frequent flyer account, take photographs, and even save a user’s geo-location. Despite collecting substantial personally identifiable information such as a user’s full name, telephone number, email address, frequent flyer account number and pin code, photographs, and geo-location, the Fly Delta application does not have a privacy policy.

The suit seeks to enjoin Delta from distributing its app without a privacy policy and penalties of up to $2,500 for each violation.  The suit was filed in San Francisco Superior Court and a copy of the complaint is attached to the online version of this press release.

This action by Attorney General Harris follows an agreement she forged among the seven leading mobile and social app platforms to improve privacy protections for millions of users around the globe who use apps on their smart phones, tablets, and other electronic devices. Those platforms – Amazon, Apple, Facebook, Google, Hewlett-Packard, Microsoft, and Research in Motion – agreed to privacy principles designed to bring the industry in line with California law requiring mobile apps that collect personal information to have a privacy policy. The agreement allows consumers the opportunity to review an app’s privacy policy before they download the app rather than after, and offers consumers a consistent location for an app’s privacy policy on the application-download screen in the platform store. 

The California Online Privacy Protection Act is one of the privacy laws that the DOJ’s Privacy Enforcement and Protection Unit is charged with enforcing. Created by Attorney General Harris in 2012, the Privacy Unit’s mission is to enforce federal and state privacy laws regulating the collection, retention, disclosure, and destruction of private or sensitive information by individuals, organizations, and the government. This includes laws relating to cyber privacy, health privacy, financial privacy, identity theft, government records and data breaches.

The October 2012 press release announcing the notification to mobile app developers can be found here: https://www.oag.ca.gov/news/press-releases/attorney-general-kamala-d-harris-notifies-mobile-app-developers-non-compliance. The February 2012 press release announcing the apps agreement can be found here: https://www.oag.ca.gov/news/press-releases/attorney-general-kamala-d-harris-secures-global-agreement-strengthen-privacy. The June 2012 press release announcing that Facebook joined the apps agreement can be found here: https://www.oag.ca.gov/news/press-releases/attorney-general-kamala-d-harris-announces-expansion-california%E2%80%99s-consumer.

AttachmentSize
PDF icon Delta Complaint.pdf515.31 KB