California 2019-2020 Regular Session Status: Passed Assembly 1 D cosponsors

AB 873 — California Consumer Privacy Act of 2018.

Last action — In committee: Set, first hearing. Failed passage. Reconsideration granted.

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

This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law, the California Consumer Privacy Act of 2018, beginning on January 1, 2020, grants consumers various rights with regard to their personal information held by businesses, including the right to know what categories of personal information and the specific pieces a business collects and to have information held by that business deleted, as specified. Existing law imposes certain responsibilities on the Attorney General in connection with the act, including creating regulations and providing guidance on how to comply with the act. The act excludes from the definition of personal information consumer information that is deidentified, or aggregate consumer information. The act defines "deidentified" to mean information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular consumer, provided that a business using deidentified information has implemented technical safeguards that prohibit reidentification of the consumer to whom the information may pertain, has implemented business processes specifically prohibiting reidentification of the information to prevent inadvertent release, and makes no attempt to reidentify the information. This bill would revise the definition of "deidentified" to instead mean information that does not identify, and is not reasonably linkable, directly or indirectly, to a particular consumer, provided that the business makes no attempt to reidentify the information and takes reasonable technical and administrative measures designed to ensure that the data is deidentified, publicly commits to maintain and use the data in a deidentified form, and contractually prohibits recipients of the data from trying to reidentify it. (2) Existing law defines "personal information," as, among other information, that which is capable of being associated with or could reasonably be linked, directly or indirectly, with a particular consumer or household. This bill would instead specify that personal information includes, but is not limited to, specified information that, among other things, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household. (3) Existing law specifies that the act is not to be construed to require a business to reidentify or otherwise link information that is not maintained in a manner that would be considered personal information. This bill would revise this language to delete the reference to information that is not maintained in "a manner that would be considered personal information." The bill would instead refer to information that is not maintained as personal information. The bill would make additional conforming changes to these provisions.

Bill Text

Action History

  1. In committee: Set, first hearing. Failed passage. Reconsideration granted.

  2. Referred to Com. on JUD.

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

  4. Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 1780.)

  5. Read second time. Ordered to third reading.

  6. From committee: Do pass. (Ayes 16. Noes 0.) (May 15).

  7. Joint Rule 62(a), file notice suspended. (Page 1609.)

  8. Re-referred to Com. on APPR.

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

  10. Re-referred to Com. on APPR.

  11. Read second time and amended.

  12. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 23).

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

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

  15. Referred to Com. on P. & C.P.

  16. From printer. May be heard in committee March 23.

  17. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

[First] hearing set for [07-10-2019]: Failed passage in Committee. Reconsideration granted

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Democratic 5000
Unaffiliated 3000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Monning — Yea
Borgeas — Yea
Wieckowski — Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Jackson, Corey A. Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

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

Failed 3 Yea · 3 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 1000
Democratic 2201
Unaffiliated 0102
Total 3303
% of votes cast 33%33%0%33%
How each member voted (9)
Member Party Vote
Monning — Nay
Borgeas — Not Voting
Wieckowski — Not Voting
Durazo, Maria Elena Democratic Nay
Gonzalez, Lena A. Democratic Not Voting
Jackson, Corey A. Democratic Nay
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

AB 873 Irwin Assembly Third Reading

Passed 73 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Democratic 22003
Unaffiliated 44004
Republican 7000
Total 73007
% of votes cast 91%0%0%9%
How each member voted (80)
Member Party Vote
Rodriguez — Yea
Santiago — Yea
Obernolte — Yea
Voepel — Yea
Chiu — Yea
Gray — Yea
Holden — Yea
Daly — Yea
Eggman — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Levine — Yea
Melendez — Yea
McCarty — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Cooper — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
O'Donnell — Yea
Waldron — Yea
Kamlager-Dove — Not Voting
Cooley — Not Voting
Weber — Not Voting
Brough — Yea
Kiley — Yea
Mayes — Yea
Salas — Yea
Mathis — Yea
Frazier — Yea
Bigelow — Yea
Smith — Yea
Cunningham — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Not Voting
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike 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 Not Voting
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Not Voting
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass.

Passed 16 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 7000
Unaffiliated 9002
Total 16002
% of votes cast 89%0%0%11%
How each member voted (18)
Member Party Vote
Bloom — Yea
Obernolte — Yea
Maienschein — Yea
Quirk — Yea
Bigelow — Yea
Eggman — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Brough — Not Voting
Eduardo Garcia — Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 5001
Republican 1000
Unaffiliated 4000
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Kiley — Yea
Obernolte — Yea
Smith — Yea
Chau — Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Irwin, Jacqui Democratic Yea
Wicks, Buffy Democratic Not Voting
Gallagher, James Republican Yea

Official roll call →

Subjects

technology
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Frequently asked questions

What does AB 873 do?
(1) Existing law, the California Consumer Privacy Act of 2018, beginning on January 1, 2020, grants consumers various rights with regard to their personal information held by businesses, including the right to know what categories of personal information and the specific pieces a business collects and to have information held by that business deleted, as specified. Existing law imposes certain responsibilities on the Attorney General in connection with the act, including creating regulations and providing guidance on how to comply with the act. The act excludes from the definition of personal information consumer information that is deidentified, or aggregate consumer information. The act defines "deidentified" to mean information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular consumer, provided that a business using deidentified information has implemented technical safeguards that prohibit reidentification of the consumer to whom the information may pertain, has implemented business processes specifically prohibiting reidentification of the information to prevent inadvertent release, and makes no attempt to reidentify the information. This bill would revise the definition of "deidentified" to instead mean information that does not identify, and is not reasonably linkable, directly or indirectly, to a particular consumer, provided that the business makes no attempt to reidentify the information and takes reasonable technical and administrative measures designed to ensure that the data is deidentified, publicly commits to maintain and use the data in a deidentified form, and contractually prohibits recipients of the data from trying to reidentify it. (2) Existing law defines "personal information," as, among other information, that which is capable of being associated with or could reasonably be linked, directly or indirectly, with a particular consumer or household. This bill would instead specify that personal information includes, but is not limited to, specified information that, among other things, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household. (3) Existing law specifies that the act is not to be construed to require a business to reidentify or otherwise link information that is not maintained in a manner that would be considered personal information. This bill would revise this language to delete the reference to information that is not maintained in "a manner that would be considered personal information." The bill would instead refer to information that is not maintained as personal information. The bill would make additional conforming changes to these provisions.
Who sponsors AB 873?
AB 873 is sponsored by Irwin, Jacqui (Democratic).
What is the current status of AB 873?
This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 873?
Track AB 873 free on One Click Politics — get push/email alerts when it moves.

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