Privacy Legislation Enacted in 2017

The California Legislature considers many bills on privacy issues each year. This page summarizes some of the recently enacted bills. To get more information on the bills, go to http://leginfo.legislature.ca.gov.

Unless otherwise noted, laws go into effect January 1, 2018.

AB 21 (Kalra)Personal Information Relating to Immigration Status in Public Postsecondary Educational Institutions
This law prohibits public postsecondary educational institutions in California, to the fullest extent consistent with state and federal law, from disclosing personal information concerning students, faculty and staff, especially regarding immigration status. Education Code § 66093

AB 119 (Committee on Budget) Information on Public Employees Required to be Shared with Labor Organizations
This law requires selected public employers and agencies to provide their exclusive labor representative with the name, job title, department, work location, work, home, and personal cellular telephone numbers, personal email addresses, and home address of all newly hired employees within 30 days of hire and to update the information for all employees every 120 days. The law exempts the personal email of employees from public record requests. Government Code §§ 3558, 6253.2, and 6254.3 (amended)

AB 459 (Chau) Public Records Exemption for Video or Audio Recordings Made During the Commission or Investigation of Rape, Incest, Sexual Assault, or Domestic Abuse
This law exempts the disclosure of video or audio recordings made during the commission or investigation of rape, incest, sexual assault, or domestic abuse under the California Public Records Act if the agency with access to the recording found that, on the facts of the particular case, the public interest would not be served by disclosing the recording. Government Code § 6254.4.5

AB 699 (O’Donnell) Equal Rights and Opportunities in Public Schools Regardless of Immigration Status
This law prohibits discrimination in public schools based on immigration status. This law also requires public school superintendents and governing boards to respond to requests for information or access to a school site by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information. Education Code 234.7

AB 953 (Baker) Protection of Minor’s Personal Information in Seeking Protective Order
This law allows a minor or a minor’s guardian to petition to the court to keep confidential all information regarding the minor disclosed while seeking a protective order. The court shall grant this petition if the minor’s right to privacy outweighs the right to public access and no other less restrictive means exist to protect the minor’s privacy. Code of Civil Procedure § 527.6 (amended) and Family Code 6301.5

AB 1339 (Cunningham) Disclosure of Employment Records for Applicants to a Law Enforcement Agency
Existing law requires an employer to disclose employment information relating to a current or former employee who has applied for a position as a sworn peace officer in response to a request from a law enforcement agency. This law extends such disclosure requirements to apply also to an applicant for a position in a law enforcement agency other than as a sworn peace offer. The employment information disclosed by the employer to the law enforcement agency will be confidential. Government Code § 1031.1 (amended)

AB 1455 (Bocanegra) Exemption of Records Related to Labor Management Relations in California Local Government from Disclosure under the California Public Records Act
This law exempts from disclosure under the California Public Records Act specific records related to labor management relations in California local government. Government Code § 6254 (amended)

SB 157 (Wieckowski) Protection of Plaintiff’s Identity in Invasion of Privacy Action Involving Unauthorized Distribution of Sexually Explicit Materials
This law requires that, in an action for invasion of privacy involving unauthorized distribution of sexually explicit materials where the plaintiff chooses to use a pseudonym, all other parties must also refer to the plaintiff by pseudonym in all court filings and hearings that are open to the public. This law also requires the court to keep the plaintiff’s name and redacted characteristics confidential. Civil Code § 1708.85 (amended) and Government Code § 6276.12 (amended)

SB 219 (Wiener) Lesbian, Gay, Bisexual and Transgender Long-Term Care Facility Residents’ Bill of Rights
This law prohibits long-term care facility staff not directly involved in providing care to a resident from being present during a physical examination in which the resident is partially or fully unclothed without the express permission of the resident. This may involve the use of visual barriers to protect bodily privacy. This law also requires long-term care facilities to protect identifiable information regarding residents’ sexual orientation, whether a resident is transgender, a resident’s transition history and HIV status from unauthorized or inadvertent disclosure. Health and Safety Code § 1439.53

SB 466 (Bates) Use of Surveillance Technology by Rental Car Companies
This law authorizes a rental car company to use, access or obtain electronic surveillance technology in the case that the company’s rental car is the subject of an AMBER alert. This law requires the rental car company to notify law enforcement if it uses surveillance technology in this manner. Civil Code § 1939.23 (amended)

Legislation chaptered in: 2017 | 2016 | 2015 | 2014 | 2013 | 2012 | 2011 | 2010 | 2009 | 2008 | 2007 | 2006 | 2005 | 2004 | 2003 | 2002 | 2001 | 2000 | 1999