California A.B. 1541 – Privacy (Student Data)

Sponsor: Assembly Committee on Privacy and Consumer Protection

Summary: Current version (4/29/2015): 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.

Defines “personal information” as either of the following:
(1)  An individual’s first name or first initial and his or her last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted or redacted: Social security number; Driver’s license number or California identification card number; Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual’s financial account; Medical information; or Health insurance information.

(2) A username or email address, in combination with a password or security question and answer that would permit access to an online account.

Defines “Internet Web site or online service, such as an online application or a mobile application, directed to minors” as an Internet Web site or online service, such as an online application or a mobile application,or a portion thereof, that is created for the purpose of reaching an audience that is predominately comprised of minors, and is not intended for a more general audience comprised of adults. Provided, however, that an Internet Web site or online service, such as an online application or a mobile application, or a portion thereof, shall not be deemed to be directed at minors solely because it refers or links to an Internet Web site or online service, such as an online application or a mobile application, directed to minors by using information location tools, including a directory, index, reference, pointer, or hypertext link.

Defines “health insurance information” means an individual’s insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual’s application and claims history, including any appeals records.

Current version (4/29/2015):  http://www.leginfo.ca.gov/pub/15-16/bill/asm/ab_1501-1550/ab_1541_bill_20150429_amended_asm_v98.pdf

Introduced:  http://www.leginfo.ca.gov/pub/15-16/bill/asm/ab_1501-1550/ab_1541_bill_20150326_introduced.pdf 

Status: Introduced 3/26/2015. Referred to Assembly Committee on Privacy and Consumer Protection 4/6/2015. Amended 4/29/2015. Hearing held, reported 5/5/2015. Passed Assembly; received in Senate, referred to Senate Committee on Rules 5/14/2015.  Rereferred to Senate Committee on Judiciary 5/28/2015.

Outlook: The Senate Committee on Judiciary is chaired by Senator Hannah-Beth Jackson (D). While not required, the sponsor has failed to garner the cosponsorship of any member of the second chamber. Committees are not required to consider every measure referred. Per Joint Rule 61(a)(10), the committee has by July 17 to act on this measure.

The Assembly adopted this measure by a 78-0 vote.

The Assembly Committee on Privacy and Consumer Protection, chaired by Assembly Member Mike Gatto (D). The Democratic Party controls both chambers of the Legislature as well as the Office of the Governor.

Effective Date: January 1, 2016

*Information provided by www.stateside.com