Legislators introduce new bills

Facing a deadline of February 22 to introduce new bills, Legislators are rolling out new measures for consideration in this first year of the biennial session. While the pace of introduction has been a trickle, there will be a flood of bills introduced by today’s deadline. Stay tuned for more updates in future Legislative Bulletins.

Here is a brief rundown of bills of interest to newspapers that have been introduced in the last few weeks:

Privacy

AB 288 by Assemblyman Jordan Cunningham (R-San Luis Obispo) would require a social media company (defined as any company that provides electronic services or electronic content) to provide users that close their accounts the option to have the user’s personally identifiable information permanently removed from the company’s database and records and excluded from sale. The bill would require a social media company to honor such a request within a reasonable time and would create a private right of action that a consumer could use to enforce a violation.

AB 1035 by Assemblyman Chad Mayes (R-Rancho Mirage) would, require a person or business that owns or licenses computerized data that includes personal information to disclose any breach of the security of the system within 72 hours following discovery or notification of the breach. The measure does not contain a private right of action.

AB 950 by Assemblyman Marc Levine (D-Santa Rosa)is phase 1 of the Governor’s Data Dividend proposal. The bill would require a business that conducts business in California and collects consumer data, to disclose to the consumer the monetary value to the business of his or her consumer data by posting the average monetary value to the business on its website. The bill would also require the business to disclose to the consumer the average price it is paid for a consumer’s data and to disclose to the consumer the actual price it was paid for a consumer’s data upon receipt of a verifiable request for that information from the consumer.

Freedom of Information

AB 654 by Assemblywoman Blanca Rubio (D-West Covina) would allow a local agency to share “confidential” user information with another agency if the information is not necessary for the performance of the recipient agency’s official duties but is to be used for scientific, educational, or other research purposes. The bill would not permit the recipient agency to publicly disclose the information even if it was in the public interest to do so.

AB 700 by Assemblywoman Laura Friedman (D-Burbank) would exempt from disclosure the personal telephone numbers of college and university faculty members and records relating to the physical location of faculty members, including calendars, appointment logs, and home addresses.

AB 941 by Assemblyman Jordan Cunningham would authorize a law enforcement agency, when determining if disclosure of a particular item of information would endanger a person involved in an investigation, to consider a request by the person that a particular item of information be withheld from disclosure if the person presents evidence that disclosure would endanger the person’s safety.

The bill would, for certain gang-related offenses, prohibit the law enforcement agency from disclosing the names of victims and witnesses involved in those gang-related offenses, except under specified circumstances. The bill would require law enforcement to inform a victim or witness of certain gang-related offenses that their name will be disclosed unless a law enforcement agency determines disclosure would endanger their safety, and that they may request that their name be withheld by law enforcement if the person provides evidence to the law enforcement agency that disclosure of the person’s name would endanger the person’s safety.

AB 992 by Assemblyman Kevin Mullin (D-San Mateo) would exempt from the requirements of the Brown Act the posting, commenting, liking, interaction with, or participation in, internet-based social media platforms that are ephemeral, live, or static, by a majority of the members of a legislative body, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.

SB 518 by Senator Bob Wieckowski (D-Fremont) would exempt the remedy provisions of the CPRA from settlement offers authorized by Code of Civil Procedure §998. The presentation of settlement offers have been used as a hardball negotiating tactic by government agencies to induce requesters to settle for far less in attorney’s fees than they deserve.