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State Takes Next Step In Global Warming Fight View 2003-2004 Privacy & Technology Bill Package 2003-2004 Privacy & Technology Bill Package
AB 46 provides students greater protection against identity theft. The bill prohibits the use of social security numbers as student identification numbers by California colleges and universities. Passed out of the Assembly 51-29. Passed Senate Education Committee 12-0. In Senate Judiciary Committee.
AB 49 creates the California High Technology Crimes Task Force program, a statewide high-tech law enforcement program coordinating five existing regional programs. The California High Technology Crimes Task Force program provides specialized law enforcement investigators, forensics experts, and prosecutors to address a wide variety of high-tech crimes. Signed by the Governor. Chaptered by Secretary of State - Chapter 618, Statutes of 2003.
The Online Privacy and Disclosure Act of 2003 requires commercial Web site operators that collect personal information online from California residents to post a conspicuous privacy policy stating what information they collect and with whom they share the information. The bill also requires those Web site operators to comply with the provisions of their posted privacy policies. Signed by the Governor. Chaptered by Secretary of State - Chapter 829, Statutes of 2003.
AB 567 enhances California's current anti-spam law by allowing individual consumers to sue parties that send unsolicited electronic mail advertisements for $1,000 per e-mail received that is sent in violation of the law. AB 567 is designed to ensure greater compliance with the existing statute that requires spammers to identify spam as such and to provide a way for those who receive spam to remove their e-mails from that senders distribution list. Passed out of the Assemby 75-1. Referred to the Senate Business and Professions and to the Senate Judiciary Committees. (This is a 2-year bill.)
AB 1143 protects the privacy of anonymous Interent users and gives them greater means to fight frivolous lawsuits. It requires that consumers are notified before their personal identities are disclosed by their Internet Service Provider as a result of a civil subpoena. Additionally, it allows them to file a motion to dismiss such a subpoena under a standard of heightened judicial review. Passed out of the Assembly 47-31. Heard in Senate Judiciary Committee. To heard again next year. (This is a 2-year bill.)
AB 1545 enables the public to submit e-mail comments on environmental impact reports being considered by state and local governments. Currently, there are no established rules for accepting e-mail testimony, and acceptance of e-mail testimony is inconsistent. AB 1545 ensures the public's right to public participation through e-mail. Signed by the Governor. Chaptered by Secretary of State - Chapter 695, Statutes of 2003.
2003-2004 Privacy & Technology Bill Package
AB 700 requires Web site operators to notify Californians whose personal information might have been exposed as the result of a security breach. Applies to both commercial and governmental Web sites. AB 700 is designed to encourage increased data security, reduce identity theft and let consumers know that they may need to take steps to protect themselves in the event of a breach. Signed into law by the Governor.
AB 821 provides funding to train law enforcement personnel to better identify and combat high tech crime. Expands the State’s High Tech Crime Advisory Committee to include representatives from the banking industry who can assist regional programs with identity theft crimes. Signed into law by the Governor.
AB 1219 allows a court or prosecutor to make a motion to strike an identity theft victim's name from a complaint, thereby removing the burden from the victim to hire an attorney and appear in court. Provides a clear procedure to disassociate the victim from a complaint. Signed into law by the Governor.
AB 1589 requires the Medical Board of California to commission a study that evaluates the electronic transmission of prescriptions by physicians, surgeons and other health care providers, especially focusing on the potential of this technology to expedite the prescription process and reduce the incidence of medication errors. Signed into law by the Governor.
AB 2297 requires a person or entity that collects personal and identifying information from individuals in California through the Internet to conspicuously post and comply with a privacy policy on its web site. The policy must identify the categories of information collected and with whom this information is shared. Vetoed by the Governor due to implementation concerns. Reintroduced as AB 68 in the 2003-2004 Legislative Session.
AB 2831 allows health care professionals, with patient consent, to communicate laboratory results of pap smears and other tests, such as those related to cholesterol levels and diabetes, directly to patients using the Internet, e-mail, or other electronic means when results do not reveal a malignancy. Signed into law by the Governor.
AB 2922 requires state agencies to provide the State Office of Privacy Protection with a description of the types of personal information they collect, whether it is sold or otherwise released, and under what conditions. This inventory will be available to the public by March 1, 2004. Vetoed by the Governor due to cost concerns.
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