Electronic personal records.

(1) Existing law requires a copy of a subpoena duces tecum for the production of personal records pertaining to a consumer, to be served upon the consumer prior to specified dates, together with a copy of the affidavit supporting the issuance of the subpoena, if any, specified notice, and proof of service. Existing law requires the subpoenaing party either to serve upon the witness who maintains the records proof of personal service of these documents upon the consumer or to furnish the witness with written authorization from the consumer to release the records. Existing law defines "personal records" for purposes of these provisions. This bill would increase the period of time by which the above-described notice to the consumer and delivery of documents must occur. The bill would require the subpoenaing party either to serve proof of the personal service on the consumer, or to furnish the consumer's written authorization, within a specified time. The bill would expand the definition of "personal records" for these purposes to include any data pertaining to a consumer that is maintained by an interactive computer service or access software provider, as specified. (2) Existing law provides that a subpoena duces tecum for personal records pertaining to a consumer that are maintained by a telephone corporation that is a public utility shall not be valid or effective unless it includes a consent to release, signed by the consumer whose records are requested, as specified. This bill would provide that a subpoena duces tecum for personal records pertaining to a consumer that are maintained by an interactive computer service or access software provider shall not be valid if the court makes any specified finding. (3) Existing law permits the consumer whose personal records are sought by a subpoena duces tecum pursuant to the above-described provisions, and who is party to the action in which the subpoena is served, to bring a motion to quash or modify the subpoena, as specified. Any other consumer or nonparty whose personal records are sought may serve a written objection that cites the specific grounds on which production of the personal records should be prohibited. This bill would additionally permit the witness upon whom the subpoena is served to bring such a motion or to serve that written objection. (4) Under existing law, a subpoena issued in a criminal action that commands the custodian of records or other qualified witness of a business to produce books, papers, documents, or records shall direct that those items be delivered by the custodian or qualified witness in a specified manner. This bill would make the provisions described in (1) , (2) , and (3) above apply in a criminal prosecution or proceeding if the subpoena calls for the production of personal records pertaining to a consumer. However, if the personal records are produced by an interactive computer service or access software provider in accordance with those requirements, and are accompanied by a specified declaration, the bill would provide that no witness need appear to testify or otherwise authenticate the records.