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SB 202: Privacy of Telephone Calling Records (2005)

Summary

SB 202 (2005) prohibits any entity from selling or purchasing the personal telephone records of any person without the expressed consent of that person, and outlaws obtaining a person’s phone records through fraud or deceit.  Violation of the provisions of this bill is a misdemeanor.

Final Status and Text

SB 202 is no longer active. Its final status was:
Signed into Law

You can read its final text on the Legislature's Bill Information site.

Background Information

SB 202 combats a growing black market of cellphone call logs stolen and sold by online companies whose practices are largely unregulated.  Telephone call logs contain personal data that can include bank, credit and medical information.  SB 202 protects California residents by prohibiting companies from selling private telephone records in the State, and by outlawing the practice of “pretexting”.

Techniques used to obtain telephone phone logs include (1) having someone that works for one of the phone companies obtain the information, (2) “pretexting” where a data broker pretends to be the owner of the phone, and (3) theft of information contained on online cell phone accounts.  Federal law is too narrow to address this type of crime. 

Federal legislation has been introduced to address those practices used to obtain telephone records.  This bill outlaws the marketing of these personal records.


News & Press Releases about SB 202

05/20/2009 - Privacy Piracy interview with California State Senator Joe Simitian, 11th District

08/23/2007 - ACLU Honors Simitian for Privacy Protection Legislation

08/16/2007 - Consumer Rights Group Rates Simitian 100%

09/29/2006 - Governor Signs Simitian Bill to Outlaw "Pretexting," Prohibit Purchase and Sale of Phone Records