California Consumer Privacy Act of 2018.

Existing law, the California Consumer Privacy Act of 2018, beginning on January 1, 2020, grants consumers various rights with regard to their personal information held by businesses, including the right to request a business to disclose specific pieces of personal information it has collected and the right to request a business to delete any personal information collected by the business. The act generally provides for its enforcement by the Attorney General, but also provides for a private right of action in certain circumstances. The act defines "personal information" to mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. The act excludes "publicly available information" from the definition of "personal information," and defines the term "publicly available" to mean information that is lawfully made available from federal, state, or local government records, if any conditions associated with that information. Existing law further specifies that information is not "publicly available" if that data is used for a purpose that is not compatible with the purpose for which the data is maintained and made available in the government records or for which it is publicly maintained and specifies that "publicly available" does not include consumer information that is deidentified or aggregate consumer information. This bill would redefine "personal information" to mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. The bill would also define "publicly available" to mean information that is lawfully made available from federal, state, or local records. The bill would delete the above language specifying the conditions in which that information is not "publicly available." The bill would, instead, provide that "personal information" does not include deidentified or aggregate consumer information. The bill would make related changes. This bill would incorporate additional changes to Section 1798.140 of the Civil Code proposed by AB 1355 to be operative only if this bill and AB 1355 are enacted and this bill is enacted last.