Plain English Breakdown
The bill text states funds are available upon appropriation by the Legislature, meaning payment depends on future budget decisions.
AB-2021: Whistleblower Complaints and Awards Under the CCPA
This bill allows people to report privacy law violations, offers them a share of fines if collected, protects their identity from public records, and lets workers sue employers who punish them for reporting.
What This Bill Does
- Allows people to submit whistleblower complaints about California Consumer Privacy Act (CCPA) violations to the California Privacy Protection Agency.
- Requires eligible whistleblowers to receive between 15% and 33% of fines collected after other fund allocations are made, if certain requirements are met.
- Creates a new account called the Consumer Privacy Whistleblower Subfund to hold money for awards and attorney fees until the Legislature approves spending.
- Allows whistleblowers to file complaints anonymously if their lawyer verifies their identity under penalty of perjury.
- Keeps whistleblower identities confidential and exempts them from public records disclosure, except as provided by law.
- Requires eligible whistleblowers to be represented by an attorney and declare that the information in their complaint is true.
- Allows employees, contractors, or agents to sue for damages if they face discrimination at work because of reporting violations.
Who It Names or Affects
- People who report violations of the California Consumer Privacy Act (CCPA).
- Businesses and others accused of violating privacy laws.
- The California Privacy Protection Agency responsible for enforcing these rules.
- Employees, contractors, or agents who might face workplace discrimination after reporting.
Terms To Know
- Whistleblower
- A person who reports illegal activities by an organization to the government agency responsible for enforcement.
- Administrative Fine
- Money a business must pay as punishment for breaking privacy laws, collected by the state agency.
- Consumer Privacy Fund
- A pool of money in the State Treasury created to support privacy enforcement and grants.
Limits and Unknowns
- Money for awards is only available if the Legislature approves spending from the new subfund.
- Anonymous complaints are allowed, but they require an attorney to verify the reporter's identity under penalty of perjury.
- The bill does not specify exactly how much time a whistleblower has to file a complaint.