Antitrust Law Daily Wrap Up, PRIVACY NEWS: Data Use “Right to Know” Law Proposed in California, (Apr 30, 2013)
By Thomas Long, J.D.
A bill introduced in the California Assembly (Assembly Bill 1291) would update California’s laws governing data collection and privacy to include a broader definition of personal data and would simplify the disclosure process for consumers, according to the bill’s sponsor, Assembly member Bonnie Lowenthal (D-Long Beach).
In 2003, the passage of Senate Bill 27 (known as the "Shine the Light Law," codified at California Civil Code Sec. 1798.83 through 1798.84, effective January 1, 2005,) provided Californians with the right to know how businesses share their personal information. Under existing law, consumers can ask a company what personal data they have collected and how that data is shared. However, the requirements for reporting are limited to the information used for direct marketing purposes, such as postal mail and telemarketing.
The "Right to Know Act of 2013" would require any business that retains a customer’s personal information, or discloses that information to a third party, to provide at no charge, within 30 days of the customer’s specified request, a copy of that information to the customer as well as the names and contact information for all third parties with which the business has shared the information during the previous 12 months, regardless of any business relationship with the customer.
This measure would require that covered businesses provide notice to customers of its privacy policies, and it would provide that a violation of these provisions is deemed to constitute an injury to the customer for purposes of seeking remedies available under law. Assembly Bill 1291 also would expand the definition of personal information to include sensitive data, such as location, buying habits, and sexual orientation.
News: Privacy CaliforniaNews