Official Summary Text
SB 957, as amended, Pérez.
Privacy: social media companies: administrative subpoenas: remedies.
Existing law generally regulates social media platforms, including, among other laws, the Protecting Our Kids from Social Media Addiction Act that prohibits an operator of an addictive internet-based service or application, including a social media platform, from providing an addictive feed, as defined, to a minor user, except as prescribed. Existing law, the California Consumer Privacy Act of 2018, grants consumers various rights with respect to personal information, as defined, that is collected by a business, as defined. Existing law, the California Values Act, generally prohibits California law enforcement agencies from using their moneys or personnel for immigration enforcement purposes, except as specified.
Existing federal law authorizes specified federal officers to
require by subpoena
require, among other things,
the attendance and testimony of witnesses before immigration officers and the production of books, papers, and documents relating to, among other things, the privilege of any person to enter, reenter, reside in, or pass through the United States.
This bill would require a social media company, as defined, to promptly notify an individual whose personal information is requested by an administrative subpoena issued as described above. The bill would
prohibit
require
the social media company
from
to provide the individual whose personal information is
requested in an administrative subpoena with at least 30 days to respond to or challenge the administrative subpoena before
responding to the administrative
subpoena until
the individual whose personal information is requested has had sufficient time to respond to or challenge the administrative subpoena, except as specified.
subpoena.
The bill would also
prohibit a social media company from responding to an administrative subpoena requesting the personal information of an individual if the administrative subpoena
require a social media platform,
before responding to an administrative subpoena, to determine if the administrative subpoena
is invalid for
one
any
of specified reasons, including that the information requested by the subpoena is
overly broad or compliance would be unduly
burdensome.
too indefinite or broad.
This bill would require a social media company that discloses personal information in response to an administrative subpoena to provide notice to the individual whose information was disclosed and would require a social media company that responds to an administrative subpoena to notify the Attorney General of that response, as specified. The bill would prohibit a social media company from responding to an administrative subpoena for personal information while a legal challenge to the subpoena is pending if the social media company has actual knowledge of the challenge.
This bill would
require the Attorney General to develop a process for a social media company to submit the notice described above, as specified. The bill would exempt notices submitted as described above from the California Public Records Act. The bill would
authorize the Attorney General, and a person whose information has been shared in violation of the above provisions by a social media company, to bring an action for injunctive or declaratory relief, as specified. The bill would declare its provisions severable.
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.