Privacy: Right to Know Act of 2013: disclosure of a customer's personal information.
Summary
(1) Existing law requires a business to ensure the privacy of a customer's personal information, as defined, contained in records by destroying, or arranging for the destruction of, the records, as specified. Any customer injured by a business' violation of these provisions is entitled to recover damages, obtain injunctive relief, or seek other remedies. This bill would create the Right to Know Act of 2013, would repeal and reorganize certain provisions of existing law, and would provide legislative findings in support thereof. (2) Existing law also requires a business that collects customer information for marketing purposes and that discloses a customer's personal information to a 3rd party for direct marketing purposes, to provide the customer with whom it had a business relationship, as defined, within 30 days after the customer's request, as specified, in writing or by e-mail, the names and addresses of the recipients of that information and specified details regarding the information disclosed, except as specified. Existing law requires a business subject to these provisions to provide an address, electronic address, or toll-free telephone or facsimile number that a customer may use to deliver requests for copies of his or her personal information. This bill would instead require any business that retains a customer's personal information, as defined, or discloses that information to a 3rd 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 3rd parties with which the business has shared the information during the previous 12 months, regardless of any business relationship with the customer. This bill would require that a business subject to these provisions choose one of several specified options to provide the customer with a designated address for use in making a request for copies of information under these provisions. (3) Existing law also requires a business that is required to comply with these provisions to provide information to customers regarding its privacy policy and to provide a designated means of preventing disclosure of personal information. This bill would require a business that is required to comply with these provisions to provide specified notice to the customer of its privacy policies. (4) Existing law provides that a customer who sustains injury as a result of a violation of these provisions is entitled to specified remedies, including civil penalties. This bill would also provide that a violation of these provisions is deemed to constitute an injury to the customer for purposes of seeking remedies available under law.
Bill status
failed
1 of 4 stages cleared
Introduction
Feb 2013
Committee Review
Floor Vote
Governor
Introduced Feb 22, 2013
Last action Feb 3, 2014
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
10
Key actions
3
Committee
5
Amendments
1
May 7, 2013
Lower · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
lower
Apr 16, 2013
Lower · Passed
In committee: Hearing postponed by committee.
lower
Apr 2, 2013
Committee
Re-referred to Com. on JUD.
lower
Apr 1, 2013
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
lower
Mar 11, 2013
Committee
Referred to Com. on JUD.
lower
Feb 24, 2013
Lower · Passed
From printer. May be heard in committee March 26.
lower
Feb 22, 2013
Introduced
Introduced. To print.
lower
0 primary · 2 co-sponsors
Sponsors
No sponsor information available.
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