Bill Text: CA AB660 | 2019-2020 | Regular Session | Amended
Bill Title: Personal information: contact tracing.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-08-20 - In committee: Held under submission. [AB660 Detail]
Download: California-2019-AB660-Amended.html
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August 11, 2020 |
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July 14, 2020 |
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August 12, 2019 |
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July 11, 2019 |
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June 24, 2019 |
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April 08, 2019 |
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March 21, 2019 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 660
| Introduced by Assembly Member Levine |
February 15, 2019 |
An act to add Title 1.81.10 (commencing with Section 1798.600) to Part 4 of Division 3 of the Civil Code, relating to personal information.
LEGISLATIVE COUNSEL'S DIGEST
AB 660, as amended, Levine.
Personal information: contact tracing.
Existing law, the Information Practices Act of 1977, prescribes a set of requirements, prohibitions, and remedies applicable to public agencies, as defined, with regard to their collection, storage, and disclosure of personal information.
Other existing law, the California Consumer Privacy Act of 2018 (CCPA), grants a consumer various rights with respect to personal information, as defined, that is collected or sold by a business, as defined, including the right to know the categories and the specific pieces of personal information that have been collected and to opt out of the sale of personal information. The CCPA also grants a consumer the right to request a business to delete any personal information about the consumer collected by the business and requires a business to do so upon receipt of a verified request, except as specified. The
CCPA exempts certain categories of personal information and entities from its provisions, including a health care provider or a covered entity governed by certain federal privacy, security, and data breach notification rules if the health care provider or covered entity maintains information in accordance with specified requirements.
This bill would prohibit data collected, received, or prepared for purposes of contact tracing from being shared with any entity other than a public health entity. used, maintained, or disclosed for any purpose other than facilitating contact tracing efforts. The bill would prohibit a law enforcement official
an officer, deputy, employee, or agent of a law enforcement agency, as defined, from engaging in contact tracing. The bill would require all data collected, received, or prepared for purposes of contact tracing to be deleted within 60 days, except if that data is in the possession of a state or local health department. The bill would define terms for its purposes.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This
bill would make legislative findings to that effect.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Title 1.81.10 (commencing with Section 1798.600) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 1.81.10. Contact Tracing
1798.600.
As used in this title:(a) “Contact tracing” means identifying and monitoring individuals, through data collection and analysis, who may have had contact with an infectious person as a means of controlling the spread of a communicable disease.
(b) “Data” means measurements, transactions, determinations, locations, or other information, whether or not that information can be associated with a specific natural person.
(c)“Law enforcement official” means any local agency or officer of a local agency authorized to enforce criminal statutes, regulations, or local
ordinances or to operate jails or to maintain custody of individuals in jails, and any person or local agency authorized to operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities. “Law enforcement official” for purposes of this title also includes staff of a district attorney.
(d)“Public health entity” means a state or local public entity that is responsible for public health matters as part of its official mandate.
(c) “Law enforcement agency” means any of the following:
(1) A police department.
(2) A sheriff’s department.
(3) A district attorney.
(4) A county probation department.
(5) A transit agency police department.
(6) A school district police department.
(7) The police department of any campus of any of the following:
(A) The University of California.
(B) The California State University.
(C) A community college.
(8) The Department of the California Highway Patrol.
(9) The Department of Justice.
1798.601.
(a) Data collected, received, or prepared for purposes of contact tracing shall not be(b) (1) Except as provided in paragraph (2), all data collected, received, or prepared for purposes of contact tracing shall be deleted within 60 days.
(2) This subdivision shall not apply to data in the possession of a local or state health department.
1798.602.
1798.603.
(a) A person may bring a civil action for a violation of this title to obtain injunctive relief.(b) A prevailing plaintiff in a civil action brought pursuant to this section shall be awarded reasonable attorney fees.
SEC. 2.
The Legislature finds and declares that Section 1 of this act, which adds Section 1798.601 of the Civil Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:This act balances the right of the public to access relevant information about contact tracing efforts by public health entities while protecting the
privacy rights of individuals whose data is collected for contact tracing purposes.
SEC. 3.
The Legislature finds and declares that Section 1 of this act, which adds Section 1798.601This act balances the right of the public to access relevant information about contact tracing efforts by public health entities while protecting the privacy rights of individuals whose data is collected for contact tracing purposes.
