Official Summary Text
AB 883, as amended, Lowenthal.
Elected
Data brokers: deletion of personal information of elected
officials and judges.
Existing law establishes the California Privacy Protection Agency (CPPA) to enforce various laws protecting the privacy of individuals. If a business knowingly collects and sells to third parties the personal information of a consumer with whom the business does not have a direct relationship, existing law requires the business to register with the CPPA as a data broker, except as specified. Existing law requires the CPPA to establish an accessible deletion mechanism that allows a consumer to request that every data broker delete any personal information related to that consumer held by the data broker or associated service provider or contractor, as prescribed.
This bill would
create an additional process for the deletion of personal information of state and local
government officials and California judges held by data brokers. In this regard, the bill would
require the Secretary of
State
State, certain local government officials, and the Judicial Council
to provide to the
agency a list
CPPA lists of certain personal information
of all state
or
elected officials, all
local elected
officials that, if available, includes each official’s personal information, as specified, would require the Judicial Council to provide the agency with a list of all California judges,
officials, or all California judges, respectively,
and would require
the agency to allow
elected officials
or a
and
judges
to be provided an opportunity
to remove their information from those lists, as prescribed. The bill would require the lists to be kept confidential, as specified.
By imposing additional duties on local government officials, this bill would impose a state-mandated local program.
The bill would
also
require the
agency
CPPA
to upload the lists to the accessible deletion mechanism described above and would require
an entity receiving a notification that a deletion is required to do so within 5 days.
data brokers to delete that personal information within 10 days.
This bill would authorize an elected official or judge who is on a list described above, the Attorney General, a county counsel, or a city attorney to bring a civil action for a violation of the bill, as prescribed.
This bill would make its provisions operative on July 1, 2027.
Existing constitutional provisions require that a
statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.