AB 45 — Privacy: health data: location and research.

Summary

Existing law prohibits a person or business, as defined, from collecting, using, disclosing, or retaining the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, as defined, except as necessary to perform the services or provide the goods requested and prohibits a person or business from selling or sharing this personal information. Existing law authorizes an aggrieved person or entity to institute and prosecute a civil action against a person or business for a violation of these provisions and specifies the damages and costs authorized to be recovered. This bill would recast the above-described provisions, and instead prohibit the collection, use, disclosure, sale, sharing, or retention of the personal information of a natural person who is physically located at, or within a precise geolocation of, a family planning center, except under certain circumstances, including, among others, for the collection or use as necessary to perform the services or provide the goods requested. The bill would also provide that these provisions do not alter applicable law regarding use by a law enforcement agency, as defined, of personal information generated by an electronic monitoring device. The bill would authorize an aggrieved person to institute and prosecute a civil action against a natural person, association, proprietorship, corporation, trust, foundation, partnership, or any other organization or group of people acting in concert for a violation of these provisions. The bill would also make other nonsubstantive changes. This bill would, subject to specified exceptions, prohibit geofencing, or selling or sharing personal information with a third party to geofence, as defined, an entity that provides in-person health care services in California for specified purposes, and would prohibit the use of personal information obtained in violation of this provision. The bill would provide that violators are subject to an injunction and liable for a civil penalty assessed and recovered in a civil action brought by the Attorney General, and deposited in the California Reproductive Justice and Freedom Fund. The bill would require those penalties to be awarded by the State Department of Public Health for grants to implement a program or to fund an existing program that provides and promotes medically accurate and comprehensive reproductive and sexual health education, as provided. The bill would also provide that a statement signed under penalty of perjury, as specified, that the personal information will not be used for selling or sharing personal information in violation of these geofencing provisions is prima facie evidence that the personal information was not sold or shared in violation of these geofencing provisions. By expanding the crime of perjury, this bill would impose a state-mandated local program. Existing law, the Confidentiality of Medical Information Act (CMIA) , generally prohibits a provider of health care, a health care service plan, or a contractor from disclosing medical information regarding a patient, enrollee, or subscriber without first obtaining an authorization, unless a specified exception applies. The CMIA prohibits a provider of health care, a health care service plan, a contractor, or an employer from releasing medical information that would identify an individual or related to an individual seeking or obtaining an abortion in response to a subpoena or a request or to law enforcement if that subpoena, request, or the purpose of law enforcement for the medical information is based on, or for the purpose of enforcement of, either another state's laws that interfere with a person's rights to choose or obtain an abortion or a foreign penal civil action. This bill would, similar to the provisions of the CMIA, prohibit the release of research records, in a personally identifying form, developed or acquired by a person in the course of conducting research relating to anyone seeking or obtaining health care services, or relating to personal information, in response to a subpoena or a request or to law enforcement if that subpoena, request, or the purpose of law enforcement for the medical information is based on, or for the purpose of enforcement of, either another state's laws that interfere with a person's rights to choose or obtain an abortion or a foreign penal civil action. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

• Chaptered 09/26/25 - Chaptered Current pdf September 26, 2025
• Enrolled 09/16/25 - Enrolled pdf September 16, 2025
• Amended 09/09/25 - Amended Senate pdf September 09, 2025
• Amended 09/05/25 - Amended Senate pdf September 05, 2025
• Amended 04/09/25 - Amended Assembly pdf April 09, 2025
• Amended 03/28/25 - Amended Assembly pdf March 28, 2025
• Introduced 12/02/24 - Introduced pdf December 02, 2024
• AB45 View text html

Action History

1. September 26, 2025

   Chaptered by Secretary of State - Chapter 134, Statutes of 2025.

2. September 26, 2025

   Approved by the Governor.

3. September 24, 2025

   Enrolled and presented to the Governor at 3 p.m.

4. September 13, 2025

   Joint Rules 61(a)(14) and 51(a)(4) suspended. (Ayes 59. Noes 20. Page 3413.)

5. September 13, 2025

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 61. Noes 12. Page 3469.).

6. September 12, 2025

   In Assembly. Concurrence in Senate amendments pending.

7. September 12, 2025

   Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 9. Page 2990.).

8. September 10, 2025

   Read second time. Ordered to third reading.

9. September 09, 2025

   Joint Rule 61(a)(13) suspended. (Ayes 28. Noes 8. Page 2568.)

10. September 09, 2025

    Read third time and amended. Ordered to second reading.

11. September 08, 2025

    Read second time. Ordered to third reading.

12. September 05, 2025

    Read third time and amended. Ordered to second reading.

13. August 29, 2025

    Read second time. Ordered to third reading.

14. August 29, 2025

    From committee: Do pass. (Ayes 5. Noes 2.) (August 29).

15. August 18, 2025

    In committee: Referred to suspense file.

16. July 16, 2025

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 1.) (July 15). Re-referred to Com. on APPR.

17. June 18, 2025

    Referred to Com. on JUD.

18. June 04, 2025

    In Senate. Read first time. To Com. on RLS. for assignment.

19. June 03, 2025

    Read third time. Passed. Ordered to the Senate. (Ayes 63. Noes 11. Page 2022.)

20. May 27, 2025

    Read second time. Ordered to third reading.

21. May 23, 2025

    From committee: Do pass. (Ayes 11. Noes 2.) (May 23).

22. May 07, 2025

    In committee: Set, first hearing. Referred to APPR. suspense file.

23. April 30, 2025

    Coauthors revised.

24. April 30, 2025

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 2.) (April 29). Re-referred to Com. on APPR.

25. April 23, 2025

    Coauthors revised.

26. April 23, 2025

    From committee: Do pass and re-refer to Com. on JUD. (Ayes 10. Noes 2.) (April 22). Re-referred to Com. on JUD.

27. April 10, 2025

    Re-referred to Com. on P. & C.P.

28. April 09, 2025

    From committee chair, with author's amendments: Amend, and re-refer to Com. on P. & C.P. Read second time and amended.

29. April 01, 2025

    Re-referred to Com. on P. & C.P.

30. March 28, 2025

    Referred to Coms. on P. & C.P. and JUD.

31. March 28, 2025

    From committee chair, with author's amendments: Amend, and re-refer to Com. on P. & C.P. Read second time and amended.

32. December 03, 2024

    From printer. May be heard in committee January 2.

33. December 02, 2024

    Read first time. To print.

Sponsors

• Rebecca Bauer-Kahan · Primary

Votes

Subjects