Privacy Legislation Pending in 2017
The California Legislature considers many bills on privacy issues each year. This page lists some of the proposed legislation in 2017. To get more information on the bills, go to http://leginfo.legislature.ca.gov.
(Lara) (Chau) California Broadband internet Privacy Act
This bill would prohibit an Internet service provider (ISP) from using, disclosing, selling, or permitting access to customer personal information, with certain exceptions. It would authorize a customer to give prior opt-in consent, which may be revoked by the customer at any time, to an ISP to use, disclose, sell, or permit access to that customer’s personal information. The bill would prohibit an ISP from refusing to serve or to limit service to a customer who does not provide consent or charging a customer a penalty or offering a customer a discount or another benefit based on the customer’s decision to provide consent. The bill would authorize an ISP to use, disclose, or permit access to customer personal information, without customer approval, for specified limited purposes, unless otherwise prohibited by state law. These purposes would include to comply with other laws or an administrative or court order, to bill and collect for Internet access services, and to provide location information concerning a customer. The bill would also require an ISP to maintain reasonable security procedures to protect customers’ personal information. It would specify that its requirements apply to ISPs operating within California when providing Internet access services to customers who are residents of and physically located in California.
SB 21(Hill) Law enforcement agencies: surveillance technology
This bill would require specified law enforcement agencies to develop policies for the use of surveillance technology and to submit such policies for approval to their governing bodies in an open public meeting.
SB 31 (Lara) State agencies: disclosure of religious affiliation information
This bill would prohibit state agencies from providing or disclosing to the federal government information regarding a person’s religious affiliation when the information is sought for compiling a database of individuals based solely on religious affiliation.
SB 244 (Lara) State of California license applicants: protecting personal information
This bill would place limits on the collection, use and disclosure of personal information provided to specified state and local government agencies for specified purposes.
SB 327 (Jackson) Internet of Things: “smart device” security and privacy
This bill would require a manufacturer that sells or offers to sell a connected device, as defined, to equip the device with reasonable security features appropriate to the nature of the device and the information it may collect, contain, or transmit, and to design the device to indicate when it is collecting information and to obtain consumer consent before it collects or transmits information, as specified. The bill would require a person who sells or offers to sell a connected device to provide a notice of the device’s information collection functions at the point of sale, as specified. The bill would also require a manufacturer of a connected device to provide direct notification of security patches and updates to a consumer who purchases the device.
SB 573 (Lara) Student privacy: protecting personal information
This bill would require public colleges and universities to implement a “service learning program,” as defined, for certain students and would provide that student personal information collected for such purposes shall not be a public record for purposes of the California Public Records Act. It would also make various legislative findings.
SB 784 (Galgiani) Crimes: disorderly conduct: invasion of privacy: distributing photos from concealed cameras
This bill would make it a crime to intentionally distribute or disseminate, or to make available or viewable, any image of an identifiable person under or through clothing or in a state of undress, without the subject’s consent, if obtained secretly with a concealed recording device.