California 2017-2018 Regular Session Status: Enacted

AB 375 — Privacy: personal information: businesses.

Last action — Chaptered by Secretary of State - Chapter 55, Statutes of 2018.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 09, 2017. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

The California Constitution grants a right of privacy. Existing law provides for the confidentiality of personal information in various contexts and requires a business or person that suffers a breach of security of computerized data that includes personal information, as defined, to disclose that breach, as specified. This bill would enact the California Consumer Privacy Act of 2018. Beginning January 1, 2020, the bill would grant a consumer a right to request a business to disclose the categories and specific pieces of personal information that it collects about the consumer, the categories of sources from which that information is collected, the business purposes for collecting or selling the information, and the categories of 3rd parties with which the information is shared. The bill would require a business to make disclosures about the information and the purposes for which it is used. The bill would grant a consumer the right to request deletion of personal information and would require the business to delete upon receipt of a verified request, as specified. The bill would grant a consumer a right to request that a business that sells the consumer's personal information, or discloses it for a business purpose, disclose the categories of information that it collects and categories of information and the identity of 3rd parties to which the information was sold or disclosed. The bill would require a business to provide this information in response to a verifiable consumer request. The bill would authorize a consumer to opt out of the sale of personal information by a business and would prohibit the business from discriminating against the consumer for exercising this right, including by charging the consumer who opts out a different price or providing the consumer a different quality of goods or services, except if the difference is reasonably related to value provided by the consumer's data. The bill would authorize businesses to offer financial incentives for collection of personal information. The bill would prohibit a business from selling the personal information of a consumer under 16 years of age, unless affirmatively authorized, as specified, to be referred to as the right to opt in. The bill would prescribe requirements for receiving, processing, and satisfying these requests from consumers. The bill would prescribe various definitions for its purposes and would define "personal information" with reference to a broad list of characteristics and behaviors, personal and commercial, as well as inferences drawn from this information. The bill would prohibit the provisions described above from restricting the ability of the business to comply with federal, state, or local laws, among other things. The bill would provide for its enforcement by the Attorney General, as specified, and would provide a private right of action in connection with certain unauthorized access and exfiltration, theft, or disclosure of a consumer's nonencrypted or nonredacted personal information, as defined. The bill would prescribe a method for distribution of proceeds of Attorney General actions. The bill would create the Consumer Privacy Fund in the General Fund with the moneys in the fund, upon appropriation by the Legislature, to be applied to support the purposes of the bill and its enforcement. The bill would provide for the deposit of penalty money into the fund. The bill would require the Attorney General to solicit public participation for the purpose of adopting regulations, as specified. The bill would authorize a business, service provider, or 3rd party to seek the Attorney General's opinion on how to comply with its provisions. The bill would void a waiver of a consumer's rights under its provisions. The bill would condition its operation on the withdrawal of a specified initiative from the ballot.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 55, Statutes of 2018.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 73. Noes 0. Page 6032.).

  5. Assembly Rule 63 suspended. (Ayes 54. Noes 22. Page 6031.)

  6. Assembly Rule 77 suspended. (Ayes 54. Noes 22. Page 6031.)

  7. In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 30 pursuant to Assembly Rule 77.

  8. Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 4967.).

  9. From committee: That the measure be returned to Senate Floor for consideration. (Ayes 6. Noes 1.) (June 28)

  10. From committee: Pursuant to Senate Rule 29.10 that the measure be re-referred to Com. on APPR. pursuant to Joint Rule 10.5. (Ayes 5. Noes 0.) (June 26).

  11. From committee: Be re-referred to Com. on JUD. pursuant to Senate Rule 29.10(b). (Ayes 4. Noes 0.) Re-referred to Com. on JUD.

  12. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(b).

  13. Read third time and amended. Ordered to second reading.

  14. Read second time. Ordered to third reading.

  15. Read second time and amended. Ordered returned to second reading.

  16. Ordered to second reading.

  17. From inactive file.

  18. Ordered to inactive file at the request of Senator McGuire.

  19. Read second time. Ordered to third reading.

  20. Ordered to second reading.

  21. (Ayes 24. Noes 11. Page 2944.)

  22. Withdrawn from committee.

  23. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  24. Senate Rule 29.3(b) suspended. (Ayes 25. Noes 13. Page 2730.)

  25. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  26. From committee: Do pass and re-refer to Com. on RLS. (Ayes 5. Noes 2.) (July 18). Re-referred to Com. on RLS.

  27. From committee: Do pass and re-refer to Com. on JUD. (Ayes 9. Noes 1.) (July 18). Re-referred to Com. on JUD.

  28. Re-referred to Com. on E., U. & C.

  29. Withdrawn from committee.

  30. Re-referred to Coms. on B., P. & E.D., E., U. & C., and JUD.

  31. Re-referred to Com. on RLS.

  32. Withdrawn from committee.

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

  34. Referred to Com. on B., P. & E.D.

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

  36. Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1483.)

  37. Read second time. Ordered to Consent Calendar.

  38. From committee: Do pass. To Consent Calendar. (Ayes 10. Noes 0.) (May 2).

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

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

  41. In committee: Hearing postponed by committee.

  42. In committee: Set, first hearing. Hearing canceled at the request of author.

  43. In committee: Hearing postponed by committee.

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

  45. From printer. May be heard in committee March 12.

  46. Read first time. To print.

Sponsors

  • Chau · Primary
  • Dodd · Cosponsor
  • Hertzberg · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on

Sponsors (1)

  • Chau

Co-sponsors (2)

  • Dodd
  • Hertzberg

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading AB375 Chau et al. By Hertzberg

Passed 36 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 31003
Democratic 5000
Total 36003
% of votes cast 92%0%0%8%
How each member voted (39)
Member Party Vote
Anderson — Yea
Beall — Yea
Hueso — Yea
Monning — Yea
Moorlach — Not Voting
Roth — Yea
Cannella — Yea
Bradford — Yea
Chang — Yea
Dodd — Yea
Hernandez — Yea
Hertzberg — Yea
Mitchell — Yea
Hill — Yea
Leyva — Yea
Allen — Yea
Morrell — Yea
De León — Yea
Nielsen — Yea
Skinner — Yea
Wieckowski — Yea
Wilk — Yea
Portantino — Yea
Atkins — Yea
Glazer — Yea
Bates — Yea
Lara — Yea
Pan — Yea
Vidak — Yea
Fuller — Not Voting
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 375 CHAU Concurrence in Senate Amendments

Passed 73 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 53005
Democratic 16000
Republican 4002
Total 73007
% of votes cast 91%0%0%9%
How each member voted (80)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Not Voting
Harper — Yea
Holden — Yea
Kiley — Not Voting
Maienschein — Yea
Mathis — Not Voting
McCarty — Yea
O'Donnell — Yea
Quirk — Yea
Rodriguez — Yea
Ting — Yea
Waldron — Yea
Gonzalez Fletcher — Yea
Frazier — Yea
Burke — Yea
Salas — Yea
Gloria — Yea
Gray — Yea
Jones-Sawyer — Yea
Rubio — Yea
Levine — Yea
Rivas — Yea
Low — Yea
Mayes — Yea
Medina — Yea
Chau — Yea
Melendez — Yea
Baker — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Mullin — Yea
Nazarian — Yea
Obernolte — Yea
Rendon — Yea
Santiago — Yea
Thurmond — Yea
Voepel — Yea
Weber — Yea
Wood — Yea
Fong — Not Voting
Friedman — Yea
Kamlager-Dove — Not Voting
Chiu — Yea
Steinorth — Yea
Cooper — Yea
Eggman — Yea
Cunningham — Yea
Daly — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Yea
Dahle, Megan Republican Not Voting
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Pursuant to Senate Rule 29.10, that the measure be re-referred to the Committee on Appropriations pursuant to Joint Rule 10.5

Passed 5 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 3002
Democratic 2000
Total 5002
% of votes cast 71%0%0%29%
How each member voted (7)
Member Party Vote
Anderson — Not Voting
Hertzberg — Yea
Monning — Yea
Moorlach — Not Voting
Wieckowski — Yea
Jackson, Corey A. Democratic Yea
Stern, Henry I. Democratic Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Judiciary]

Passed 9 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6101
Democratic 3000
Total 9101
% of votes cast 82%9%0%9%
How each member voted (11)
Member Party Vote
Bradford — Yea
Hill — Yea
Cannella — Yea
Hertzberg — Yea
Hueso — Yea
Morrell — Not Voting
Skinner — Yea
Vidak — Nay
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 375 CHAU Consent Calendar Second Day

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 56001
Democratic 16000
Republican 5002
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Acosta — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Low — Yea
Maienschein — Yea
Mathis — Yea
Melendez — Yea
Obernolte — Yea
Santiago — Yea
Weber — Yea
Eggman — Yea
Chávez — Yea
Gloria — Yea
Gonzalez Fletcher — Yea
Mayes — Yea
Salas — Yea
Medina — Yea
Chau — Yea
Chu — Yea
Mullin — Yea
Rodriguez — Yea
Thurmond — Yea
Ting — Yea
Voepel — Yea
Burke — Yea
Gray — Yea
Frazier — Yea
Bocanegra — Yea
Rubio — Yea
Harper — Yea
Holden — Yea
Jones-Sawyer — Yea
Kiley — Yea
Levine — Yea
McCarty — Yea
Bigelow — Yea
Chiu — Yea
Cooley — Yea
Cooper — Yea
Nazarian — Yea
O'Donnell — Not Voting
Quirk — Yea
Rendon — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Waldron — Yea
Wood — Yea
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Friedman — Yea
Gomez — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Travis Allen — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Not Voting
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Not Voting

Official roll call →

Subjects

civil-rights technology
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Frequently asked questions

What does AB 375 do?
The California Constitution grants a right of privacy. Existing law provides for the confidentiality of personal information in various contexts and requires a business or person that suffers a breach of security of computerized data that includes personal information, as defined, to disclose that breach, as specified. This bill would enact the California Consumer Privacy Act of 2018. Beginning January 1, 2020, the bill would grant a consumer a right to request a business to disclose the categories and specific pieces of personal information that it collects about the consumer, the categories of sources from which that information is collected, the business purposes for collecting or selling the information, and the categories of 3rd parties with which the information is shared. The bill would require a business to make disclosures about the information and the purposes for which it is used. The bill would grant a consumer the right to request deletion of personal information and would require the business to delete upon receipt of a verified request, as specified. The bill would grant a consumer a right to request that a business that sells the consumer's personal information, or discloses it for a business purpose, disclose the categories of information that it collects and categories of information and the identity of 3rd parties to which the information was sold or disclosed. The bill would require a business to provide this information in response to a verifiable consumer request. The bill would authorize a consumer to opt out of the sale of personal information by a business and would prohibit the business from discriminating against the consumer for exercising this right, including by charging the consumer who opts out a different price or providing the consumer a different quality of goods or services, except if the difference is reasonably related to value provided by the consumer's data. The bill would authorize businesses to offer financial incentives for collection of personal information. The bill would prohibit a business from selling the personal information of a consumer under 16 years of age, unless affirmatively authorized, as specified, to be referred to as the right to opt in. The bill would prescribe requirements for receiving, processing, and satisfying these requests from consumers. The bill would prescribe various definitions for its purposes and would define "personal information" with reference to a broad list of characteristics and behaviors, personal and commercial, as well as inferences drawn from this information. The bill would prohibit the provisions described above from restricting the ability of the business to comply with federal, state, or local laws, among other things. The bill would provide for its enforcement by the Attorney General, as specified, and would provide a private right of action in connection with certain unauthorized access and exfiltration, theft, or disclosure of a consumer's nonencrypted or nonredacted personal information, as defined. The bill would prescribe a method for distribution of proceeds of Attorney General actions. The bill would create the Consumer Privacy Fund in the General Fund with the moneys in the fund, upon appropriation by the Legislature, to be applied to support the purposes of the bill and its enforcement. The bill would provide for the deposit of penalty money into the fund. The bill would require the Attorney General to solicit public participation for the purpose of adopting regulations, as specified. The bill would authorize a business, service provider, or 3rd party to seek the Attorney General's opinion on how to comply with its provisions. The bill would void a waiver of a consumer's rights under its provisions. The bill would condition its operation on the withdrawal of a specified initiative from the ballot.
Who sponsors AB 375?
AB 375 is sponsored by Chau, Dodd, and Hertzberg.
What is the current status of AB 375?
This bill has been enacted into law. Introduced February 09, 2017. Enacted.
Where can I track AB 375?
Track AB 375 free on One Click Politics — get push/email alerts when it moves.

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