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California's AB1202 establishes a framework for regulating data brokers, requiring them to register and disclose their data collection practices. This law aims to enhance consumer privacy by ensuring transparency in how personal information is collected and sold. Businesses that qualify as data brokers must comply with these new requirements to avoid penalties.
Key Provisions
Data brokers must register annually with the Attorney General.
Registration includes providing business contact information and data practices.
Failure to register can result in daily civil penalties and additional costs.
The Attorney General will create a public website for data broker information.
Defines 'data broker' and outlines exceptions for certain entities.
The law reinforces consumer privacy rights established in previous legislation.
Latest Legislative Action
Chaptered by Secretary of State - Chapter 753, Statutes of 2019.
Bill Sponsors
Name
Role
District
Edwin ChauD
Sponsor
HD-049
Roll Call Votes (showing 3 of 8)
A ·
AB 1202 Chau Concurrence in Senate Amendments ·
Sep 14, 2019
63 Yea 14 Nay 2 OtherPassed ✓
S ·
Assembly 3rd Reading AB1202 Chau By Jackson ·
Sep 13, 2019
29 Yea 10 Nay 1 OtherPassed ✓
S ·
Do pass as amended ·
Aug 30, 2019
5 Yea 2 NayPassed ✓
S ·
Placed on suspense file ·
Aug 12, 2019
7 Yea 0 NayPassed ✓
S ·
Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] ·
Jul 2, 2019
7 Yea 1 Nay 1 OtherPassed ✓
A ·
AB 1202 Chau Assembly Third Reading ·
May 28, 2019
56 Yea 13 Nay 11 OtherPassed ✓
A ·
Do pass as amended ·
May 16, 2019
13 Yea 4 Nay 1 OtherPassed ✓
A ·
Do pass and be re-referred to the Committee on [Appropriations] ·
Mar 26, 2019
9 Yea 2 NayPassed ✓
Compliance Checklist
Register with the Attorney General and provide required information Who: Data brokers operating in California Deadline: By January 31 each year Penalty: Civil penalties of $100 per day for non-registration
Pay the registration fee as determined by the Attorney General Who: Data brokers Deadline: By January 31 each year Penalty: Additional civil penalties and costs for non-compliance
Full Legal Analysis
AB1202 mandates that data brokers register with the California Attorney General and provide specific information about their data collection practices. This includes paying a registration fee and disclosing their contact information and data practices. The bill defines a data broker as a business that sells personal information of consumers with whom it does not have a direct relationship, with certain exceptions. Non-compliance can result in civil penalties, including daily fines and recovery of investigative costs. The Attorney General is tasked with creating a public-facing website to make this information accessible, thereby promoting transparency and consumer control over personal data. This law complements existing privacy regulations, such as the California Consumer Privacy Act, by specifically targeting the practices of data brokers.
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