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News & Press: Sacramento Report

Bills Seeking to Modify California Privacy Law Advance, While Others Meet Stumbling Blocks

Tuesday, July 16, 2019  
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Assembly Bill 874 (Irwin), supported by the CLTA, passed the Senate Judiciary Committee last week. The bill redefines “publicly available” in the California Consumer Privacy Act to mean information that is lawfully made available from federal, state, or local records and deletes language specifying the conditions in which that information is not “publicly available.” The provisions in this bill will remove the restrictions placed on using information from publicly available government records, to help the CCPA avoid potential violations of the First Amendment.

Assembly Bill 25 (Chau), which would exempt from the CCPA personal information collected by a business about a person in the course of that person acting as an employee, contractor, among other things, of a business, also passed the committee. The bill was amended in committee to provide that the above-referenced exemption will sunset after one year, in January 2021, due to negotiations made with labor proponents after they raised last-minute objections to the bill over employee surveillance concerns. As part of those negotiations, employers will also be required to disclose the categories of data they collect from their employees and the purposes for which the categories shall be used.

CCPA bills that did not successfully pass the Senate Judiciary Committee, thus failing a legislative deadline preventing their passage this year, include AB 1416 (Cooley) and AB 873 (Irwin). AB 1416 sought to provide that the CCPA would not interfere with businesses’ efforts to combat fraud and other illegal activity, while AB 873 (Irwin) would have revised the definition of “personal information” and “deidentified” under the CCPA.

California Land Title Association

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