California 2015-2016 Regular Session Status: In Committee 1 D cosponsors

AB 739 — Civil law: liability: communication of cyber security-threat information.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

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

This bill died with 2015-2016 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Existing law requires a business that owns, licenses, or maintains personal information about a California resident to implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal information from unauthorized access, destruction, use, modification, or disclosure. Existing law requires a person or business conducting business in California that owns or licenses computerized data that includes personal information, as defined, to disclose, as specified, a breach of the security of the system or data following discovery or notification of the security breach to any California resident whose personal information was, or is reasonably believed to have been, acquired by an unauthorized person, unless the information was encrypted. Existing law also requires a person or business that maintains computerized data that includes personal information that the person or business does not own to notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, as specified. This bill would, until January 1, 2020, provide that there shall be no civil or criminal liability for, and no cause of action shall lie or be maintained against any private entity for the sharing or receiving of cyber security-threat information if the sharing or receiving is conducted, as specified. The immunity from liability would only apply if the communication is made without gross negligence, as specified. The bill would also prohibit a private entity that is engaged in sharing or receiving cyber security-threat information from using that information to gain an unfair competitive advantage and require that it, in good faith, make reasonable efforts to safeguard communications, comply with any lawful restriction placed on the communication, transfer the cyber security-threat information as expediently as possible while upholding reasonable protections, and ensure that appropriate anonymization and minimization of the information contained in the communication, as specified.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Article IV, Sec. 10(c) of the Constitution.

  3. In committee: Set, second hearing. Hearing canceled at the request of author.

  4. Re-referred to Com. on JUD.

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

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

  7. From committee: Do pass and re-refer to Com. on JUD. (Ayes 11. Noes 0.) (April 21). Re-referred to Com. on JUD.

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

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

  10. Re-referred to Coms. on P. & C.P. and JUD. pursuant to Assembly Rule 96.

  11. In committee: Hearing postponed by committee.

  12. Re-referred to Com. on JUD.

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

  14. In committee: Hearing postponed by committee.

  15. Re-referred to Com. on JUD.

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

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

  18. From printer. May be heard in committee March 28.

  19. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"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.

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Votes

Subjects

public-safety technology
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Frequently asked questions

What does AB 739 do?
Existing law requires a business that owns, licenses, or maintains personal information about a California resident to implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal information from unauthorized access, destruction, use, modification, or disclosure. Existing law requires a person or business conducting business in California that owns or licenses computerized data that includes personal information, as defined, to disclose, as specified, a breach of the security of the system or data following discovery or notification of the security breach to any California resident whose personal information was, or is reasonably believed to have been, acquired by an unauthorized person, unless the information was encrypted. Existing law also requires a person or business that maintains computerized data that includes personal information that the person or business does not own to notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, as specified. This bill would, until January 1, 2020, provide that there shall be no civil or criminal liability for, and no cause of action shall lie or be maintained against any private entity for the sharing or receiving of cyber security-threat information if the sharing or receiving is conducted, as specified. The immunity from liability would only apply if the communication is made without gross negligence, as specified. The bill would also prohibit a private entity that is engaged in sharing or receiving cyber security-threat information from using that information to gain an unfair competitive advantage and require that it, in good faith, make reasonable efforts to safeguard communications, comply with any lawful restriction placed on the communication, transfer the cyber security-threat information as expediently as possible while upholding reasonable protections, and ensure that appropriate anonymization and minimization of the information contained in the communication, as specified.
Who sponsors AB 739?
AB 739 is sponsored by Irwin, Jacqui (Democratic).
What is the current status of AB 739?
This bill died with 2015-2016 Regular Session. It reached “In Committee” 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 739?
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