2022 California Legislative Session Privacy Recap

California Legislative Session Recap of Privacy Policy

From the expansion of certain protections to the use of automation technology in law enforcement, this legislative session once again saw a number of bills centered around data privacy.

Bills Supported

CA Assembly Bill 581 (AB 581)

Author

Assemblymember Jacqui Irwin (D, 44th District)

The Bill

Expands the cybersecurity requirements that state agencies must follow—establishing the Office of Information Security within the Department of Technology to assess and oversee state agency security policies.

Full Bill Text

The Outcome

Held in Senate Appropriations Committee.

 

CA Assembly Bill 1917 (AB 1917)

Author

Assemblymember Marc Levine (D, 10th District)

The Bill

Prevents law enforcement officers from conducting contact tracing, except in certain circumstances, and authorize a person to bring a civil action for injunctive relief for a violation.

Full Bill Text

The Outcome

Held in Senate Appropriations Committee.

 

CA Assembly Bill 2089 (AB 2089)

Author

Assemblymember Rebecca Bauer-Kahan (D, 16th District)

The Bill

Amends the Confidentiality of Medical Information Act to expand the definition of “medical information” to include mental health application information collected by “mental health digital services.”

Full Bill Text

The Outcome

Signed into law by Governor Gavin Newsom on September 28, 2022.

 

CA Assembly Bill 2677 (AB 2677)

Author

Assemblymember Jesse Gabriel (D, 45th District)

The Bill

Amends the Information Practices Act of 1977—extending the requirements to local agencies and updating the definition of “personal information” to include genetic information, IP address, online browsing history and location information as long as it is “reasonably capable of identifying or describing an individual.”

Full Bill Text

The Outcome

Vetoed by Governor Gavin Newsom on September 19, 2022.

 

CA Senate Bill 1059 (SB 1059)

Author

Senator Josh Becker (D, 13th District)

The Bill

Shifts responsibility for enforcing and managing the data broker registration requirements and registry from the Attorney General to the California Privacy Protection Agency, increases penalties for non-registering data brokers to $200 per day and expands on the required disclosures data brokers must make on their annual registration forms. 

Full Bill Text

The Outcome

Held in Senate Appropriations Committee.

 

CA Senate Bill 1189 (SB 1189)

Author

Senator Bob Wieckowski (D, 10th District)

The Bill

Requires businesses to establish retention policies for biometric information, prevents businesses from selling or profiting from the disclosure of biometric information and empowers individuals to hold businesses to account for violations.

Full Bill Text

The Outcome

Held in Senate Appropriations Committee.

Bills Opposed

CA Assembly Bill 1669 (AB 1669)

Author

Assemblymember Jordan Cunningham (R, 35th District)

The Bill

Permits the practice of zero-rating—allowing internet service providers to exempt from a customer’s data cap—for data used in telehealth or remote health applications that are administered by the Department of Veterans Affairs.

Full Bill Text

The Outcome

Held in Assembly Committee on Privacy and Consumer Protection.

 

CA Assembly Bill 2192 (AB 2192)

Author

Assemblymember James Ramos (D, 40th District)

The Bill

Broadly permits the state to share automated license plate reader data between government agencies if a vehicle or person is “reasonably suspected of being involved in the commission of a public offense.”

Full Bill Text

The Outcome

Held in Assembly Committee on Privacy and Consumer Protection.

 

CA Assembly Bill 2336 (AB 2336)

Authors

Assemblymembers Laura Friedman (D, 43rd District) and Phil Ting (D, 19th District)

The Bill

Expands the deployment and use of radar, laser and other electronic devices to detect and automatically issue speeding violations in Los Angeles, Oakland, San Jose, Glendale, the City and County of San Francisco and “one southern California city.”

Full Bill Text

The Outcome

Held in Assembly Appropriations Committee.

 

CA Senate Bill 1079 (SB 1079)

Author

Senator Anthony Portantino (D, 25th District)

The Bill

Establishes a pilot program to evaluate the effectiveness and impact of “sound activated enforcement devices”—automated license plate readers with attached microphones that detect vehicles causing excessive or unusual noise and issue violations automatically.

Full Bill Text

The Outcome

Signed into law by Governor Gavin Newsom on September 19, 2022.

 

CA Senate Bill 1276 (SB 1276)

Author

Senator María Elena Durazo (D, 24th District)

The Bill

Authorizes regulatory agencies to require “shared mobility services” to provide to the agencies detailed user and service information upon request.

Full Bill Text

The Outcome

Hearing in Committee on Judiciary canceled at the request of the author.