Privacy: social media companies: administrative subpoenas: remedies.

Plain English Breakdown

The official summary does not provide specific penalties for non-compliance, leaving this aspect unclear.

Privacy: Social Media Companies and Online Dating Services

This law requires social media companies to notify individuals when their personal information is requested by an administrative subpoena and prohibits sharing such information unless the individual has had time to respond or challenge it. It also mandates online dating services to adopt safety policies and report annually on these policies.

What This Bill Does

• Requires social media companies to promptly notify individuals if their personal information is requested by an administrative subpoena.
• Prohibits social media companies from responding to an administrative subpoena requesting personal information until the individual has had sufficient time to respond or challenge it, unless there are specific exceptions.
• Forbids social media companies from sharing personal information if the subpoena is overly broad or compliance would be unduly burdensome.
• Gives the Attorney General and affected individuals legal rights to seek injunctive or declaratory relief if these rules are violated.
• Requires online dating services to adopt safety policies that meet specified requirements and report annually on these policies.

Who It Names or Affects

• Social media companies
• Online dating services
• Individuals whose personal information is requested by a subpoena

Terms To Know

Administrative subpoena

A legal document that allows government agencies to ask for documents or information from businesses.

Personal Information

Data about an individual, such as their name, address, and other details that can identify them.

Limits and Unknowns

• The bill does not specify the exact penalties for non-compliance by social media companies or online dating services.
• It is unclear how the safety policy requirements for online dating services will be enforced in practice.

Official Summary Text

SB 957, as amended, Pérez.
Online dating services.
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 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 the social media company from 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. 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 is invalid for one of specified reasons, including that the information requested by the subpoena is overly broad or compliance would be unduly burdensome.
This 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 law requires a social media company, as defined, to submit a terms of service report on a semiannual basis to the Attorney General, as prescribed. Existing law requires the terms of service report to include specified information. Existing law, the Consumer Legal Remedies Act, proscribes specified unfair or deceptive trade practices and authorizes a civil action to enforce a violation of those provisions.
This bill would require an online dating service, as defined, to adopt a safety policy that meets specified requirements and to report information relating to the policy on an annual basis to the Attorney General, as prescribed. The bill would authorize the Attorney General to bring an action to enforce these provisions and would make violation of these provisions an unfair or deceptive trade practice, as specified.

Current Bill Text

Download Bill PDF