Technology (Privacy)

This bill proposes adding a new constitutional right to privacy. It would create Section 1m in Article I of the state constitution stating: "As a necessary part of a free society, the people have an individual and fundamental right to privacy." If approved by voters, this would establish a fundamental constitutional protection directly affecting all residents, requiring future laws to align with this privacy right. The proposal must be approved by voters in the next general election to become part of the constitution.

AJR 136 is a proposed constitutional amendment that would add a new Section 1m to Article I of the state constitution, stating: "As a necessary part of a free society, the people have an individual and fundamental right to privacy." This resolution, introduced by multiple assembly members and senators, would establish this privacy right as a fundamental constitutional protection for all residents. The bill requires voter approval at the next general election, as it must be referred to voters following a three-month publication period. It does not create immediate legal requirements but proposes a foundational constitutional change.

SB 679 prohibits law enforcement agencies from obtaining personal data from third parties (like tech companies or data brokers) in exchange for payment without a court warrant. It covers data such as location history, health records, financial details, browsing habits, and biometric information. Exceptions allow access if police have a warrant, face an emergency involving immediate danger, the data is publicly available, or the individual consented. This directly affects how police can legally acquire personal information from private entities.

AB 378 requires all state agencies to mask or anonymize personally identifiable information (PII) before sharing it with the federal government, directly affecting state agencies handling sensitive data like health records or social services. The bill allows limited exceptions for sharing unmasked data when required by law, for legislative constituent services, or for court operations. It also creates a civil lawsuit option for individuals harmed by negligent violations, allowing recovery of actual damages, up to $1,000 in punitive damages, and attorney fees. The law aims to strengthen data privacy protections by limiting federal access to identifiable state records without explicit safeguards.

AB 667 prohibits law enforcement agencies from paying third parties or government entities for access to an individual's personal data without a warrant. The bill defines "personal data" broadly to include names, location, financial records, health information, browsing history, and device identifiers. It allows exceptions only when a warrant is obtained, during emergencies involving immediate danger, if data is already public, or with the individual's explicit consent. This law directly affects law enforcement agencies and data-sharing companies by restricting how personal information can be acquired for investigations.