(1) Existing law, the California Consumer Privacy Act of 2018 (CCPA), grants a consumer various rights with respect to personal information, as defined, that is collected or sold by a business, as defined, including the right to direct a business that collects sensitive personal information about the consumer to limit its use, as prescribed. Existing law defines “sensitive personal information” to mean, among other things, personal information that reveals a consumer’s precise geolocation. Existing law, the California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA.

This bill would prohibit a covered entity from collecting or processing the location information of an individual unless doing so is necessary to provide goods or services requested by that individual. The bill would impose various other restrictions on covered entities with regard to location information. The bill would define various terms for purposes of these provisions, including “location information” to mean information that pertains to or directly or indirectly reveals the present or past geographical location of an individual or device, as specified.

This bill would require a covered entity to prominently display, at the point where location information is being captured, a notice to individuals stating that their location information is being collected, the name of the covered entity and service provider collecting the information, and a phone number and an internet website where the individual can obtain more information. The bill would require a covered entity to maintain and make available to the data subject a location privacy policy that includes specified information on data usage and management and is subject to a specified notice procedure.

This bill would make a covered entity that violates these provisions liable for actual or statutory damages and other specified relief. The bill would authorize the Attorney General or other public prosecutors to bring an action to recover a civil penalty against a covered entity that violates these provisions.

This bill would require a business, as defined by the CCPA, to comply with the above-described provisions.

(2) Existing law, the Information Practices Act of 1977, prescribes a set of requirements, prohibitions, and remedies applicable to agencies, as defined, with regard to their collection, storage, and disclosure of personal information, as defined.

(4) The California Consumer Privacy Act of 2020 authorizes the Legislature to amend the act to further the purposes and intent of the act by a majority vote of both houses of the Legislature, as specified.

This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.