STARTED I A CALL TO ORDER THE
HEARING OF THE ASSEMBLY
COMMITTEE ON CONSUMER PRIVACY --
OF US MARCH TWENTY SIX TWENTY
NINE TEEN -- BEFORE WE GET
STARTED I'D LIKE.
TO DO A COUPLE OF ADMINISTRATIVE.
DUTIES.
WE DO HAVE.
SIX MEMBERS SO WE COULD
ESTABLISH QUORUM SO MADAM
SECRETARY PLEASE DO SO.
CHAO.
HERE [inaudible]
FONG [inaudible]
BAUER-KAHAN [inaudible]
BERMAN [inaudible]
WEBER [inaudible]
MULLIN [inaudible]
GALLAGHER [inaudible]
IRWIN [inaudible]
OBERNOLTE [inaudible]
SMITH [inaudible]
WICKS.
IMPORTANT.
THANK YOU VERY MUCH LET ME BEGIN
BY WELCOMING ALL MEMBERS -- TO
OUR MEETING BOTH RETURNING
MEMBERS AS WELL AS NEW MEMBERS
AND FACT THIS YEAR WE HAVE
SEVERAL MEET NEW MEMBERS JOINING
A COMMUNITY -- STARTING WITH --
THIS UP BAUER-KAHAN MISS WICKS
MISS SMITH -- MISTER GALLAGHER
AND ALSO TODAY WE HOW OF OF
THREE ASSEMBLY MEMBER CSUS US
SUBSTITUTING -- FOR THREE ABSENT
MEMBERS NAMELY WE WANT TO
WELCOME ASSEMBLY MEMBER FALSE
SUBSTITUTING FOR VICE CHAIR
KILEY ASSEMBLY MEMBER WEBER
SUBSTITUTING FOR OAK MISTER
CALDERON AND MR MULLIN FOR
GABRIEL MR GABRIEL.
AND WE ALSO HAVE OUR NEW
COMMITTEE -- SECRETARY LOREEN
PRIOR SO WELCOME -- NOW THAT WE
HAVE A QUORUM WE COULD ADOPT OUR
COMMUNITY A RUSE SO I LIKE TO
ENTERTAIN A MOTION TO ADOPT THE
COMMITTEE REUSS.
DO I HAVE A MOTION.
IT'S BEEN MOVED TO I HAVE A
SECOND.
HI VERY GOOD THEN I'LL ADAM
SECRETARY PLEASE CALL THE ROLL.
ABSOLUTELY GO AHEAD PLEASE THANK
YOU MISTER CHAIR SO.
THE ONLY PROBLEM THAT I HAD WITH
THE RULES IS A CHANGE THAT WAS
MADE.
TO A SECTION TO A IT SAYS ONCE
REFERRED TO COMMITTEE MAY SET
THE BILL FOR ANY AVAILABLE
HEARING DATE AT ITS DISCRETION.
A LAST YEAR THAT READ IT SHALL
SET THE BILL AND SO I'M
WONDERING WHY THAT CHANGE WAS
MADE.
SAYS THE TO SAY TO A YES TO A
HASN'T BEEN CHANGED IN FACT WAS
TO BE THAT IT'S BEEN MODIFIED.
IS TO BE THAT THE US -- HAS BEEN
SLIGHTLY ALTERED.
ALL.
AND I THINK THAT WAS WERE
DELETED ALSO.
RIGHT SO WE'RE TALKING ABOUT THE
SAME THING SO IT WORKS THERE WAS
A PROVISION THAT SAID THAT --
THE COMMITTEE CHAIRMAN SHALL SET
A BILL FOR HEARING AND THAT'S
BEEN CHANGED TO MAY -- AND
THAT'S SOMETHING THAT I HAVE A
FUNDAMENTALLY FISSILE
PHILOSOPHICAL DISAGREEMENT WITH
BECAUSE I FEEL LIKE WE HAVE AN
OBLIGATION TO HEAR ANY BILL THAT
HAS BEEN AUTHORED BY A MEMBER OF
THE LEGISLATURE THAT'S BEEN A
LONG STANDING CUSTOMER PRACTICE.
BOTH IN THE LEGISLATURE IN THIS
COMMITTEE AND AND I OBJECTED
BEING CHANGED.
I BELIEVE THAT'S THE HALLWAYS
RULE THAT WAS RECENTLY ADOPTED
BUT AS FAR AS A COMEDIAN WHOSE --
WE WE ARE SILENT ON THAT
PARTICULAR A PROVISION
[inaudible]
CORRECT
.
I STILL THINK WE'RE REPORT TALK
ABOUT THE SAME -- BEFORE WE SO
WE HAD A PROVISION THAT SAID
WE'RE GOING TO HEAR EVERY GO ON
THIS COMMITTEE AND WE'RE
PROPOSING TO REMOVE THEM WHICH
IS WHY I OBJECT TO THAT.
AND I REALIZE THAT THAT'S AN
ACTION THAT THE ASSEMBLY TOOK IN
ITS RULES BUT THAT DOESN'T
NECESSARILY MEAN THAT WERE
REQUIRED TO HEAR THAT CHANGE IN
OUR RULES WILL BE RESPECTIVELY.
RESPECTFULLY OPPOSING THAT TODAY.
THANKS VERY MUCH FOR THAT
COMMENT I THINK IF WE HA I HAD
WE INCLUDED THAT PROVISION.
I THINK THE HOUSE WHO WOULD
STILL SUPERSEDE THE COMEDIAN
ROSE BUT NONETHELESS I THINK --
YOU KNOW OUR COMMITTEE RUSE ARE
SILENT ABOUT THE TOPIC
PARTICULAR PROVISION.
AS FOR YOUR INPUT SO WITHOUT THE
MESS SECRETARY PLEASE CALL THE
ROLL ON THE ADOPTION OF THE
RULES [inaudible]
CHAO HI [inaudible]
SO I FONG [inaudible]
BAUER-KAHAN [inaudible]
BERMAN [inaudible]
WEBER [inaudible]
WEBER I MULLIN [inaudible]
GALLAGHER.
IRWIN.
HI -- WHEN I OBERNOLTE?
OBERNOLTE NO SMITH.
SMITH I WICKS.
WICKS HI [inaudible]
YES.
I HAVE BEEN ADOPTED [inaudible]
YOU'RE NOT.
IT'S ALMOST PRESIDENT VOTING SO
THAT THE RULES HAVE BEEN RUSSO
HAVE BEEN ADOPTED THANK YOU VERY
MUCH -- I ALSO LIKE TO MAKE AN
ANNOUNCEMENT THAT AB NINE SEVEN
SIX HAS BEEN REMOVED FROM THE
CONSENT AGENDA SO WE HEAR THAT
TODAY.
A BIT LATER.
ON WITH THAT I LIKE TO ENTERTAIN
A MOTION TO ADOPT TODAY'S THE
CONSENT AGENDA WHICH ONLY HAS
ONE ITEM [inaudible]
OUR THE ITEM HAS BEEN MOVED AND
SECONDED SO MADAM SECRETARY
PLEASE CALL THE ROLL.
IS ON THE CONSENT AGENDA.
SHALL I SHALL I FONG.
PHONE I BAUER-KAHAN.
BERMAN [inaudible]
WEBER [inaudible]
WEBER I MULLIN [inaudible]
GALLAGHER [inaudible]
I WENT.
OBERNOLTE.
OBERNOLTE I SMITH.
SMITH FIVE WEEKS WHICH ARE.
SO THE CONSENT AGENDA HAS BEEN
ADOPTED IN THAT HOUSE OF ONE
BUILDING THAT'S AB TWELVE OH
THREE AND THAT'S O'DONNELL.
SO LET'S -- GET DOWN TO BUSINESS
AND NOW WE HAVE A TOTAL OF SEVEN
BILLS ON THE AGENDA ONE OF WHICH
HAS JUST BEEN -- APPROVED.
AND I NOTICED SO WE HAVE TO
AUTHORS -- JOINING US AND I
THINK THE FIRST SO.
MEMBER WHO SIGNED IN WAS --
ASSEMBLY MEMBER MEDINA AND HE
HOUSE BILL AB NINE FORTY NINE AT
THIS TIME I TO INVITE HIM TO
COME ON UP TO THE WITNESS TABLE.
AND ANYTIME YOU'RE READY TO
PRESENT.
YOU'RE WELCOME TO DO SO.
WELCOME THANK YOU MISTER CHAIR
AND MEMBERS.
TODAY I PRESENT ASSEMBLY BILL.
NINE FORTY NINE ASSEMBLY BILL
NINE FORTY NINE WILL PROHIBIT
THE INSTALLATION OF UNSAFE TIRES.
ON CARS WHILE MAINTAINING THE
ABILITY OF RETAILERS TO SELL
THEM FOR OTHER USES.
CONSUMERS PRIDGEN SEEING USED
TIRES FOR USE ON THE ROAD.
ARE OFTEN NOT AWARE OF THE TRUE
CONDITION.
ESPECIALLY THERE'S NO VISIBLE
DAMAGE.
LYSONS AUTOMATED REPAIR DEALERS
ARE MORE EDUCATED THAN CONSUMERS
AND ARE IN A BETTER POSITION. TO
JUDGE THE SAFETY.
OF THE USED TIRES FOR
INSTALLATION.
AB NINE FORTY NINE IS IMPORTANT
CONSUMER PROTECTION BILL.
IN FACT IT IS SIMILAR TO
VERSIONS THAT HAVE BEEN PASSED
IN COLORADO OHIO AND NEW JERSEY.
I RESPECTFULLY ASK FOR YOUR AYE
VOTE.
WITH ME TODAY IS A SPONSOR OF
THE BILL JEFF CYBER IS
REPRESENTING THE UNITED STATES
TIRE MANUFACTURERS ASSOCIATION.
THANK YOU VERY MUCH OFFERS WHEN
HIS PLACE.
THANK YOU MISTER CHAIR MEMBERS
COMMITTEE JEFF SIEVERS ON BEHALF
OF US TIRE MANUFACTURERS
ASSOCIATION THIS IS THE NATIONAL
TRADE ASSOCIATION REPRESENTING
THE TWELVE U. S. -- TIRE
MANUFACTURERS IN THE COUNTRY.
THEY MAKE ROUGHLY 80% OF THE
THREE HUNDRED MILLION TIRES OUT --
THIS IS SIMPLE BILL BASS HE
TRYING TO SAY THAT -- AN AUTO
REPAIR TECHNICIAN DEALER CAN'T
INSTALL AN UNSAFE USED TIRE AND
THEN DEFINES WHAT AN UNSAFE USED
TIRES.
THIS ACTUALLY STATURE IT HASN'T
BEEN UPDATED IN SEVERAL DECADES
IN FACT WE'RE STILL USING THE
OLD ONE THIRTY SECOND STANDARD --
Là EVERYBODY ELSE THE COUNTRY'S
GONE ON FOR THE ONES.
I'M.
SO YOU KNOW SAFETY IS OUR NUMBER
ONE PRIORITY -- YET SOME
CONSUMERS WHEN IT COMES TIME TO
REPLACING -- UNDER TIRES SEEK
MORE AFFORDABLE REMEDIES AND
SOMETIMES THE GOVERNOR TO VALUES
TIRES WE WANT TO MAKE SURE THAT
WHEN THEY DO THAT THE TIRE
THEY'RE BUYING A SAFE -- NHTSA
HAS IDENTIFIED YOU KNOW THAT
UNSAFE USED TIRES ARE ONE OF THE
MOST -- PROBLEMATIC ISSUES ON IN
WHEN THERE ARE HAPPEN TO BE
ACCIDENTS SO WE WANT TO AVOID
THAT AT ALL COSTS.
AND YOU KNOW USED TIRES THAT
CLEARLY UNSAFE CONDITIONS
SHOULDN'T BE ONS INSTALLING CARS
HOWEVER WHEN CONSUMERS GO THEY
DON'T ALWAYS HAVE THAT
INFORMATION WE WANT TO MAKE SURE
THAT WHEN THEY ARE GOING TO IT --
TIRE DEALER SHOP THEY'RE BUYING
SOME USED TIRES OF THE ONES ARE
GETTING ARE SAFE AND SHOULD BE
ALLOWED ON THE ROAD.
THAT OTHER CRITICAL COMPONENT IS
ONLY PART OF THE CAR THAT
ACTUALLY TOUCHES THE ROAD -- AND
WE WANT TO MAKE SURE THAT WHEN
PEOPLE ARE DRIVING ON THEY ARE
SAFE SELF -- PROHIBITING THE
INSULATION UNSAFE USED TIRES
MAKES COMMON SENSE AND WE
STRONGLY URGE YOUR AYE VOTE.
THANK YOU VERY MUCH ADDITIONAL
WITNESSES IN SUPPORT OF THE BILL
PLEASE HOUSE THE FORT.
PLEASE IDENTIFY YOURSELF.
GREG HUNTER ON BEHALF OF TRIPLE
A NORTHERN CALIFORNIA IN SUPPORT
OF THE BILL.
THANK YOU VERY MUCH ADDITIONAL
WITNESSES.
GOOD AFTERNOON JACK PAULA
DONOVAN BEHALF OF THE AUTOMOTIVE
SERVICE COUNCILS CALIFORNIA
CALIFORNIA AUTOMOTIVE BUSINESS
COALITION AND THE CALIFORNIA
TIRE DEALERS ASSOCIATION WE
SUPPORT THE BILL IN ITS A
CONCEPT WERE WORKING WITH THE
SPONSOR AND THE AUTHOR ON SOME
CLARA FIND IN TECHNICAL
AMENDMENTS AS THE BILL MOVES
FORWARD.
THANK YOU THANK YOU MATCH
ADDITIONAL WITNESSES.
UNLIKE FLANIGAN LE AYE LES
SCHWAB TIRE CENTERS -- THAT --
BUT JACK MALL DONNA JUST SAID
THANK YOU VERY MUCH.
THANK YOU MUCH.
SEEING NO OTHER SUPPORTERS OF
OPPOSITION PLEASE COME ON UP.
I DON'T SEE ANY LET'S BRING IT
BACK TO THE COMMITTEE QUESTIONS
COME IS MISTER WHEN GO AHEAD --
THANK YOU FOR CARING THIS BILL
AND I AM GOING TO BE OF
SUPPORTING BUT I DID HAVE ONE
QUESTION AND THAT'S YOU KNOW IN
SUBSECTION BE IT NOTES THAT
UNSAFE TIRES.
THAT ARE REMOVED AND REINSTALLED
ARE NOT -- INCLUDED AND I
UNDERSTAND WHY YOU DON'T WANT.
TO FORCE ANYBODY TO PURCHASE NEW
TIRES BUT IS THERE A REQUIREMENT
THAT THE THE OWNER OF THE CARS
WARRANT THAT THE TIRES ARE
UNSAFE.
SO -- ORIGINALLY THAT SECTION
WAS ALSO IDENTIFIED FOR YOU KNOW
SOMETIMES ROADSIDE SERVICE
ROADSIDE ASSISTANCE THAT NEEDED
SO -- THAT WOULD ALSO
POTENTIALLY THE ROLE BUT WHEN
THEY DO GO AND THERE IS A
REQUIREMENT UNDER A ARBY'S --
CHECK A PLATE PROGRAM SO IF YOU
BRING IT IN BY LAW THE ENTIRE
TWO YEARS ARE REQUIRED TO
INFLATE CHECK THE TIRE INFLATED.
IF IT'S UNSAFE THEY ARE REQUIRED
O NOT INFLATED AND TELL THE
CONSUMER WHY.
SO THAT IS THAT IS ALREADY IN
EXISTING LAW RIGHT JUST WANTED
TO CHECK OUT THANK YOU.
THANK YOU MUCH MISTER OBERNOLTE
I THANK YOU MISTER CHAIR OF MR
MEDIA THANKS FOR BRING THE BILL
FORWARD I THINK IT'S A GOOD BILL
CERTAINLY BE SUPPORTING IT TODAY.
HI TECH ALSO QUESTION ABOUT
SUBSECTION BE OF THE BILL THEN
I'LL READ IT TO YOU BECAUSE IT'S
ABOUT THE LANGUAGE THAT I'M
ASKING ABOUT ITSAYS.
THIS SECTION DOES NOT APPLY TO A
TIRE MOUNTED ON A WHEEL OR RIM
THAT IS TEMPORARY WORK
TEMPORARILY REMOVED FROM THE
VEHICLE AND REINSTALLED IN THE
SAME VEHICLE.
SO OBVIOUSLY WE'RE TRYING -- TO
EXEMPT PEOPLE THAT ALREADY HAD
THE TIRE ON A ROOM WE'RE TAKING
THE ROOM OFF FOR SOME REASON
DIDN'T WORK ON THE THE BREAK OR
SOMETHING AND PUTTING IT BACK ON
SO I UNDERSTAND WHAT YOU'RE
TRYING TO DO BUT MY POINT IS
THAT.
IT'S AMBIGUOUS WHETHER OR NOT.
THAT EXEMPTION APPLIES.
TO THE TIRE FOR THE RAM SO IT
SAYS.
DOES NOT APPLY TO A TIRE A RAM
TEMPORARILY REMOVED THE VEHICLE
SO YOU COULD INTERPRET THAT TO
MEAN IF YOU TEMPORARILY REMOVED
THE RAM.
CHANGE THE TIRE BUT PUT THE SAME
RAN BACK ON THE VEHICLE THAT
THAT WOULD BE EXEMPT WHICH I'M
SURE IS NOT YOUR INTENTION SO I
ENCOURAGE YOU TO TAKE A LOOK AT
THAT AS A BILL MOVES FORWARD
BECAUSE I THINK THAT LANGUAGE
NEEDS TO BE TIED UP.
THAT WAS ACTUALLY BROUGHT BY THE
TIRE DEALERS AND THAT'S WHEN THE
TECHNICAL CLARIFYING AMENDMENTS
FOR WORKING.
I'M GLAD TO HEAR IT.
THANK YOU FOR THAT SUGGESTION.
THANK YOU VERY MUCH EDITION OF
COMMENTS OR QUESTIONS.
SEEING NO OTHER QUESTIONS
COMMENTS I WANT TO THANK YOU
ASSEMBLYMEMBER MEDINA FOR
BRINGING FORWARD THIS A MEASURE
THIS IS A VERY GOOD CONSUMER
PROTECTION MEASURE.
AND I THINK IT MAKES SENSE ALSO
TO SHIFT PART OF THE
RESPONSIBILITY FROM A LAY PERSON
TO SOMEBODY WITH THE EXPERTISE
AND YOU KNOW WHO WHO HAS THE
ABILITY TO IDENTIFY.
A ONE TWO HUNDRED THIRTY TWENTY
TWO AND A THIRTY SECOND OR
SECOND THIRTY SECONDS.
HI I'M REAL CONFUSED HEY.
WE ARE JUST THE LATELY PEOPLE SO
IT KIND OF MAKES SENSE TO DO
THAT SO -- HOT SO MY
RECOMMENDATION IS TO SUPPORT AND
THE BILL WILL GO -- TO
APPROPRIATIONS NECK SO WITH THAT
DOES HE KNOW THE COMMENTS OR
QUESTIONS -- MAN SECRETARY
PLEASE CALL THE ROLL.
THE MOTION IS TO PASS FEDERATION
OR SOME SAM.
MOTION IT'S BEEN MOVED AND
SECONDED THANK YOU VERY MUCH SO
PLEASE PROCEED.
TH HI SO I FONG BY FONG AYE
BAUER QUE HAN [inaudible]
BERMAN.
WEBER.
WEBER AYE MULLIN [inaudible]
GALLAGHER.
GALLAGHER I IRWIN [inaudible]
I'M SORRY.
IRWIN I OBERNOLTE.
OBERNOLTE AYE SMITH.
SMITH I WEEKS WHICH ARE THE BILL
SO THAT BILL IS OUT ON A TWO
ZERO VOTE THAT WILL LEAVE THE
ROAD OPEN FOR AT ADD ONS LATER
THANK YOU VERY MUCH FOR BEING
HERE.
THANK YOU NEXT WE HAVE.
ASSEMBLYMEMBER LEVINE HE HAS A.
B. ELEVEN THIRTY WELCOME TO OUR
COMMITTEE MISTER LEVINE.
AT THANK YOU VERY MUCH MISTER
CHAIR AND MEMBERS AB ELEVEN
THIRTY SPONSORED BY ATTORNEY
GENERAL HAVE YOUR TO SERRA WOULD
REQUIRE BUSINESSES TO NOTIFY
INDIVIDUALS.
WHENEVER THEIR GOVERNMENT ISSUED
IDENTIFICATION NUMBER OR
BIOMETRIC INFORMATION HAS BEEN
COMPROMISED IN A DATA BREACH.
IT ALSO REQUIRES BUSINESSES TO
MAINTAIN REASONABLE SECURITY
MEASURES TO PROTECT THESE TWO
CATEGORIES OF PERSONAL
INFORMATION FROM BREACH OR
UNAUTHORIZED ACCESS IN TWO
THOUSAND TWO CALIFORNIA BECAME
ONE OF THE FIRST STATES. TO
ENACT A LAW THAT REQUIRES
BUSINESSES BUSINESSES TO NOTIFY
INDIVIDUALS WHEN EVER THEIR
PERSONAL INFORMATION HAS BEEN
COMPROMISED IN A DATA BREACH.
CALIFORNIA LAW ALSO REQUIRES
BUSINESSES TO MAINTAIN
REASONABLE SECURITY MEASURES TO
PROTECT THE SAME TYPES OF
PERSONAL INFORMATION WHICH
CURRENTLY INCLUDES A PERSON'S
SOCIAL SECURITY NUMBER
CALIFORNIA DRIVER'S LICENSE OR
ID CARD.
CREDIT CARD NUMBER MEDICAL
INFORMATION AND HEALTH INSURANCE
INFORMATION WHEN COMBINED WITH
THE PERSON'S NAME IS THE
EXISTING LAW DOES NOT HOWEVER
APPLY THESE REQUIREMENTS TO
OTHER GOVERNMENT ISSUED ID
NUMBERS LIKE A PASSPORT NUMBER.
OR TO A PERSON'S BIOMETRIC
INFORMATION IN THE CASE OF
PASSPORT NUMBERS.
THIS LOOPHOLE WAS STARKLY
EXPOSED BY THE MASSIVE MATH --
MARRIOTT DATA BREACH LAST YEAR
OF THE CUSTOMER'S RECORDS OF
HUNDREDS OF MILLIONS OF PEOPLE.
I WOULD NOTE THAT THIRTEEN
STATES ALREADY HAVE LAWS THAT
APPLY TO PASSPORTS IN GOVERNMENT
ISSUED ID NUMBERS THERE ARE
TWELVE OTHER STATES THAT HAVE
LAWS PERTAINING.
TO BIOMETRIC INFORMATION
DISCLOSURE IN SHORT AB ELEVEN
THIRTY AN AXE COMMONSENSE
CHANGES THAT WILL HELP CLOSE A
SIGNIFICANT GAP.
IN CALIFORNIA LAW AND ENSURE
THAT OUR STATE REMAINS A LEADER
IN PROTECTING THE PERSONAL DATA
OF CONSUMERS.
REQUIRING NOTIFICATION TO
CONSUMERS IN CASES OF DATA
BREACH AND AND AND YOU KNOW.
AT LAST NOTE I DO WANT TO SAY
THANK YOU TO THE CHAMBER THEY
HAVE BEEN ACTIVELY ENGAGED WITH
BOTH MY OFFICE AND WITH THE
ATTORNEY GENERAL'S STAFF.
ON NEGOTIATING -- LANGUAGE FOR
THIS BILL AND WE ARE VERY HOPE
THAT WILL GET INTO A REALLY GOOD
LANDING -- SPOT.
WITH THIS AT THAT AT THIS POINT
LET ME INTRODUCE STACEY
STRUCTURE FROM THE CALIFORNIA
DEPARTMENT OF JUSTICE.
SLASH AXING I'M GONNA
[inaudible]
YOUR SIGN.
BRIEFLY THING I'M ANTHONY LEE
WEALTH WITH DO JANE AND INTO ANY
GENERAL'S GRATEFUL TO ASSEMBLY
MEMBER LEVINE FOR INTRODUCING
THIS BILL TO IMPROVE OUR STATES
DATABASE NOTIFICATION LARA.
AND BETTER PROTECT THE PERSONAL
DATA OF CALIFORNIA CONSUMERS --
AND AGAIN WE ON OUR SIDE OR
ENGAGE WITH THE CHAMBER AND
DISCUSSIONS ON AMENDMENTS. TO
DEFINITIONS AND SO FORTH AND
WE'RE VERY COMMITTED TO MAKING
PROGRESS -- WORKING WITH THEM AS
THE BILL MOVES FORWARD.
AND THE IMPETUS OF THIS BILL
REALLY CAME FROM.
WE DON'T WANT TO BE IN A SIMILAR
POSITION ONE OR TWO YEARS FROM
NOW WHEN THERE MIGHT BE A MERRY
AT SIZE BREACH OF BIOMETRIC
INFORMATION OF THREE HUNDRED
MILLION PEOPLE.
AND CALIFORNIA HAD NO LAW ON THE
BOOKS TO REQUIRE IT TO BE
REASONABLY PROTECTED.
BY BUSINESSES THAT HAVE CHOSEN
TO COLLECTED SO WE WANT TO STAY.
YOU KNOW ON A CURVE AHEAD OF THE
CURVE IN THIS AREA AND I'M GONNA
NOW THAT STACY.
TALK A LITTLE BIT MORE OF A BUT
THE THING.
THANK YOU AGAIN AND WE BELIEVE
THAT THE GOVERNMENT ISSUED ID
NUMBERS SUCH AS YOUR PASSPORT
NUMBER AND YOUR BIOMETRIC
INFORMATION ARE EXACTLY THE
KINDS OF PERSONAL INFORMATION
THAT SHOULD BE AND HISTORICALLY.
HAVE BEEN COVERED BY THE LAW AND
AND BOTH OF THESE REQUIREMENTS
IN THE DATA BREACH ON VACATION
Là AND THE REASONABLE DATA
SECURITY LAW.
THIS IS DATA THAT IS USED AS AN
IDENTIFIER BUT ALSO AS A FORM OF
IDENTITY AUTHENTICATION FOR
EXAMPLE WHEN I GO TO A CREDITOR
AND THEY SAY.
HOW DO WE KNOW THAT THIS IS THE
RIGHT SPECIES AFTER I GIVE THEM
MY SOCIAL SECURITY NUMBER?
IN SOMECASES I VERIFY MY
IDENTITY BY TELLING THEM WHAT MY
DRIVER'S LICENSE NUMBER IS OR MY
PASSPORT INFORMATION.
THIS TYPE OF INFORMATION IS WHAT
SOMEONE CAN ALSO USED TO STEAL
MY IDENTITY AND COMMIT FRAUD AND
SO IT IS IMPORTANT THAT
COMPANIES NUMBER ONE PROTECT AT
AND NUMBER TWO TELL ME IF
THEY'VE BEEN BREACH SO I CAN
TAKE STEPS TO PROTECT MYSELF.
WE KNOW THAT THIS TYPE OF
IDENTITY VERIFICATION OR RELYING
ON IDENTIFYING NUMBERS THAT ARE
SUPPOSED TO BE SECRET.
BUT SOMETIMES ARE ACTUALLY KNOWN
TO MANY IS NOT THE MOST
EFFECTIVE BUT THIS IS THE METHOD
THAT STILL USE AND SO WHY
SECURITY AND IDENTITY
VERIFICATION ARE IMPROVING FROM
THINGS THAT WE HAVE.
LIKE PHYSICAL OBJECTS SUCH AS
CREDIT CARDS OR THINGS THAT WE
KNOW SUCH AS PASSPORTS AND
NUMBERS.
THERE ARE ALSO A BALDING TWO
THINGS THAT WE ARE SUCH AS OUR
BIOMETRIC DATA.
THIS IS WHY RIGHT NOW WE NEED TO
WORK TO PROTECT ALL OF IT.
AMENDING THE STATUTE IS CRITICAL
BOTH BECAUSE OF THE LESSONS THAT
WE'VE LEARNED FROM LAST YEAR AS
ASSEMBLY MEMBER LEAVE THE BEEN
POINTED OUT REGARDING THE STAR
WOULD PREACH AND LOOKING FORWARD
TO WHERE.
TECHNOLOGY IS GOING.
IT IS ALSO VERY IMPORTANT FOR
CONSUMERS THAT BOTH STATUES
REMAINS CONSISTENT PLACE THE AND
IT PLACES.
AN OBLIGATION ON BUSINESSES TO
PROACTIVELY PROTECT THESE DATA
POINTS WITH REASONABLE SECURITY
AS WELL AS IF THE REQUIREMENT
THAT THE DATA IS BREACHED NOTIFY
THE INDIVIDUAL SO THAT THEY CAN
TAKE STEPS TO PROTECT THEMSELVES.
THANK YOU VERY MUCH OF
ADDITIONAL SUPPORTERS SO PLEASE
COME UP TO THE MIKE.
MISTER CHAIRMAN PERSON AT THE
CORBIN ON BEHALF OF A STILL YOU
EFF PRIVACY RIGHTS CLEARING
HOUSE -- WE ARE SUPPORTIVE --
CONCEPTUALLY OF I AND
COMMONSENSE MEET EXCUSE ME WERE
SUPPORTIVE CONCEPTUALLY THE BILL --
IN FACT PRIVACY RIGHTS
CLEARINGHOUSE ACTUALLY DID A
NATIONAL STUDY JUST LAST YEAR
CALIFORNIANS BY TO BEING THE
FIRST NATION TO PASS DATA BREACH
NOTIFICATION LAWS HAS IN FACT
FALLING BEHIND IN A NUMBER OF
AREAS THIS IS ONE OF THEM -- AND
SO WE APPRECIATE THE ATTORNEY
GENERAL IN THE AUTHOR FOR MOVING
FORWARD ON THIS WE DO HAVE
CONCERNS AND HAVE REQUESTED
AMENDMENTS SPECIFICALLY IN
REGARDS THE DEFINITION OF
BIOMETRICS -- AND THE THE NATURE
OF OUR CONCERNS HINGES IN
PARTICULAR ON THE DEFINITION OF
BIOMETRICS IN THE C. C. P. A.
ITSELF PASSED LAST YEAR -- AS WE
WOULD LIKE TO SEE THE THE BILL
AMENDED ADD TO BE ALIGNED WITH
THAT STATUTE BUT WE APPRECIATE
YOUR EFFORTS THANK YOU.
THANK YOU MATCH ADDITIONAL
WITNESSES.
HI THIS IS MORE IN MONEY WITH
CONSUMER PRICE AND I WOULD JUST
SECOND THE STATEMENTS MADE BY
SAMANTHA JUST NOW THANK YOU
THANK YOU.
ANYONE ELSE SEEING NONE LET'S
INVITE THE OPPOSITION TO THE
TABLE.
GOOD AFTERNOON MISTER CHAIR AND
MEMBERS MY NAME IS SERRA BOOT
AND I'M TESTIFYING TODAY ON
BEHALF OF CAL CHAMBER WITH AN
OPPOSE UNLESS AMENDED POSITION --
WONDERING REITERATE WHAT WAS
MENTIONED EARLIER THAT WE HAVE
BEEN IN SOME DISCUSSIONS WITH
MISTER LEVINE AND HIS STAFF AND
WITH THE ATTORNEY GENERAL'S
OFFICE AND WE'RE REALLY GRATEFUL
FOR YOUR ATTENTION TO THIS
MATTER FIRSTLY WE JUST RAN OUT
OF TIME BEFORE THIS HEARING I AM
VERY HOPEFUL WE'RE GONNA.
BE ABLE TO COME TO AN AGREEMENT
ON THESE AMENDMENTS AND COME TO
A POSITION AND REMOVE OUR OPPOSE
LAST MINUTE POSITION -- WE
CERTAINLY APPRECIATE AND
UNDERSTAND THE AUTHOR SCHOOL YOU
TURN THE GENERAL SCHOOL TO
ENSURE.
NOTIFICATION OF DATA BREACHES OF
PASSPORTS AND BIOMETRIC DATA IF
IT'S MORE PRECISELY DEFINED --
BUT RIGHT NOW OUR CONCERN IS THE
LANGUAGE OF AB ELEVEN THIRTY IS
OVER BROAD IN IT THIS BILL
CERTAINLY GOES BEYOND REACH
NOTIFICATION -- IT CREATES
ADDITIONAL LIABILITY TO
BUSINESSES UNDER THE CALIFORNIA
CONSUMER PRIVACY ACTS ONEROUS
PRIVATE RIGHT OF ACTION WHICH
MEANS THE ANY BREACH OR
DISCLOSURE OF THE STATE WILL
LEAD TO A LAWSUIT WERE IN
PLAINTIFFS ATTORNEYS DON'T HAVE
TO PROVE ANY INJURY.
AND SIGNIFICANT MINIMUM
STATUTORY DAMAGES CAN BE AWARDED --
WE DON'T OBJECT TO THE NOTION
THAT THIS TYPE OF DATA SHOULD
HAVE REASONABLE SECURITY BUT WE
OBJECT TO THIS SIGNIFICANT
LIABILITY THAT WOULD BE PLACED.
ON FOR EXAMPLE BIOMETRIC DATA
UNDER THE C. P. AND AND WHAT WE
HAVE TO UNDERSTAND IS IF WE DO
THAT WE'RE GOING TO DISCOURAGE
THE USE OF BIOMETRIC DATA AS AN
AUTHENTICATOR IT IS A SAFER WAY
TO AUTHENTICATE IDENTITY THAN A
SOCIAL SECURITY NUMBER.
UNLIKE SOCIAL SECURITY NUMBERS
BIOMETRIC DATA IS NOT A ONE SIZE
FITS ALL IDENTIFIER THERE ARE
MANY KINDS OF BIOMETRIC DATA NOT
ONE AND SO THEREFORE THE BREACH
OF ONE PARTICULAR TYPE OF THAT
DATA DOES NOT CREATE.
THE SIGNIFICANT RISK OF IDENTITY
THEFT OR FRAUD BUT ADDING IT TO
THE LIST OF ITEMS FOR WHICH A
COMPANY CAN BE SUED WITH NO
PROOF OF INJURY -- WOULD
STRONGLY DISCOURAGE THAT
EFFECTIVE PRO PRIVACY SECURITY
MEASURE.
MORE IMPORTANTLY THE LANGUAGE
DEFINING -- BIOMETRIC DATA UNDER
AB ELEVEN THIRTY IS OVERLY BROAD.
REFERENCE TO ANY UNIQUE PHYSICAL
REPRESENTATION OR DIGITAL
REPRESENTATION OF BIOMETRIC DATA
COULD BE INTERPRETED TO INCLUDE
PHOTOS OUR BEHAVIORAL DATA IT
COULD INCLUDE SHOE SIZE OR
CLOTHING SIZE.
THE OVERWHELMING MAJORITY OF
STATE DID REACH NOTIFICATION
LAWS RECOGNIZE THAT BIO METRIC
DATA USED TO AUTHENTICATE AN
INDIVIDUAL IS THE TYPE OF
BIOMETRIC DATA THAT CREATES THE
RISK OF IDENTITY THEFT OR FRAUD
WHICH IS WHAT THE DATA BREACH
NOTIFICATION Là WAS DESIGNED TO
COMBAT.
WITHOUT THIS LIMITING ELEMENT TO
THAT DEFINITION IT WOULD INCLUDE
OTHER TYPES OF MEASUREMENTS
AGAIN LIKE THAT A CLOTHING STORE
AN OPTOMETRIST MIGHT HAVE THAT
WOULD NOT POSE A RISK OF HARM --
AND FINALLY -- RIGHT NOW AB
ELEVEN THIRTY WOULD ADD ALL
GOVERNMENT ISSUED IDENTIFICATION
NUMBERS TO THIS LIST -- AND OUR
CONCERN IS THAT'S OVERLY BROAD
IT'S GONNA I MEAN THAT WOULD BE
ANY GOVERNMENT ISSUED I'D ANY
GOVERNMENT ISSUED IDENTIFICATION
CASE NUMBER FROM ANY LEVEL OF
GOVERNMENT.
EVEN IF IT DOESN'T POSE A RISK
OF HARM LIKE A FISHING LICENSE
OR PROFESSIONAL LICENSE NUMBER
WE THINK THAT NEEDS TO BE
NARROWED AS WELL -- BUT AGAIN.
VERY HELPFUL BE ABLE TO TALK TO
THE AUTHORS OFFICE NEEDED OFFICE
AND AND AND GET TO A PLACE
GREEMENT ON THIS VERY HELPFUL
FOR THAT AND WE THANK YOU AGAIN.
THANK YOU MATCHING NEXT WITNESS
PLEASE SHARE MEMBERS BUT HAVING
COME AFTER THE NATIONAL PAYROLL
REPORTING CONSORTIUM WE NEED TO
RESPECT OUR POSE UNLESS AMENDED.
PART OF THE CAL CHAMBER
COALITION WE HAVE SOME
PARTICULAR CONCERNS BASED ON THE
EXPERIENCE IN ILLINOIS.
WE'VE SEEN A FLOOD OF LITIGATION
UNDER THE ILLINOIS STATUTE
RELATED TO THE USE OF BIOMETRIC
TIME CLOCKS -- INCLUDING
ALLEGATIONS THAT THE SHARING OF
DATA FROM THOSE TIME CLOCKS TO
PAYROLL PROCESSORS CONSTITUTES A
BREACH.
AND SO WE TALK TO THE AUTHORS
OFFICE.
THE COMMITTEE STAFF WOULD LIKE
TO HAVE CONTINUE CONVERSATIONS
OF TO SEE IF WE CAN CLARIFY THAT
ISSUE GOING FORWARD -- IN
ILLINOIS SINCE MID TWO THOUSAND
SEVENTEEN WE'VE SEEN A HUNDRED
FIFTY CLASS ACTION LAWSUITS
FILED UNDER THE ILLINOIS STATUTE.
ABOUT 90% OF THEM HAVE ARISEN
OUT OF THE USE OF BIOMETRIC TIME
CLOCKS SO WE'D LIKE TO GET AHEAD
OF THIS ISSUE AND SEE IF WE CAN
CLARIFY ISSUES GOING FORWARD.
THANK YOU.
THANK YOU VERY MUCH ANNA
ADDITIONAL OPPOSITION PLEASE
STEP FORWARD.
GOOD AFTERNOON KEVIN KELLY I'M
HAVE INTERNET ASSOCIATION --
ECHO THE CHECK THE CHAMBERS
COMMENTS -- AND LOOK FOR TO
WORKING WITH THE AUTHORED A
SPONSOR ON HONING IN THE
DEFINITIONS A LITTLE BIT --
SPECIALLY TO REFLECT THE FOCUS
ON DATA THAT CAN BE USED
AUTHENTICATE THAT THE DOJ WERE.
TALKED ABOUT.
THANK YOU THANK YOU NEXT PLEASE.
HI KELLY HAD ON BEHALF THE
COMPUTING TECHNOLOGY INDUSTRY
ASSOCIATION WE ECHO THE COMMENTS
OF CAL CHAMBER AND REPOSE UNLESS
AMENDED AND LOOK FORWARD TO
WORKING WITH THE AUTHOR THANK
YOU.
THANK YOU NEXT PLEASE.
MISTER CHAIR AND MEMBERS
ACCORDING JENSEN ON BEHALF OF
TECH MATT ECHO THE COMMENTS THE
CHAMBER THANK YOU THANK YOU.
EXPLAINS MARGARET GLAD OF
CALIFORNIA RETAILERS ASSOCIATION
AT ECHO THE COMMENTS OF JAMES.
THANK YOU VERY MUCH.
SEEING ALL THE COMMENTS ARE.
QUESTIONS LET'S BRING BACK TO
THE COMMITTEE MISTER GALLAGHER
GO AHEAD.
YES - THANK THE AUTHOR FOR
BRINGING FOR THE BILL IT IN
OBVIOUSLY TRYING TO CREATE THOSE
PROTECTIONS -- FOR THE SENSITIVE
DATA -- THE ISSUE OF THE
BIOMETRIC DATA I MEAN I GUESS
MAYBE THE MOST PREVALENT ONE
WOULD BE A FINGERPRINT.
YOU KNOW THAT'S THAT'S COLLECTED --
WHAT EIGHT ONE WHAT IN YOUR AS
YOU UNDERSTAND THIS BILL WHAT
ELSE THIS BIOMETRIC DATA INCLUDE
WHAT OTHER KITE TYPES OF THINGS?
THOROUGH BIOMETRIC DATA.
I HAVE TO LIST.
THEM FOR EXAMPLE THE THE
DEFINITION OF IT -- IT CAN
INCLUDE THINGS LIKE FINGERPRINT
YOUR DNA FACE RECOGNITION PALM
PRINTS.
IRIS RECOGNITION YOUR HAND
GEOMETRY -- YOUR IN SOME CASES
D. ANALYSIS -- YOUR VOICE THESE
ARE ALL.
THINGS THAT ARE HUMAN BEHAVIORAL
CHARACTERISTICS THAT CAN BE USED
AS A DATA POINT TO IDENTIFY
AUTHENTICATE AND VERIFY THAT YOU
ARE WHO YOU SAY YOU ARE.
AND SO THESE ARE ARE THINGS THAT
ARE ARE REQUIRE SOME LEVEL OF
PROCESSING SOME TECHNICAL
PROCESSING WHICH IS REFLECTED IN
THE DEFINITION -- AND THAT IS
WHAT WHAT IS SEEK TO ENCOMPASS
IN IN IN TERMS OF ADDING THIS
NEW POINT.
RED BUT IN A VACUUM SOME OF
THOSE THINGS MIGHT NOT IDENTIFY
YOU LIKE.
YOU KNOW SOMEONE MIGHT GET A
COPY OF MY FINGERPRINT RIGHT BUT
THEY DON'T KNOW THAT IT'S MINE
RIGHT ABSENT SOMETHING THAT
CONNECTS IT.
RIGHT THAT RIGHT SO IS IS THE
BREACH IF YOU WILL UNDER THIS
LEGISLATION [inaudible]
JUST.
THAT THING IN ITSELF FOR ONLY IF
IT SOMEHOW.
CAN BE TRACED BACK TO SOMEBODY
I'M SORRY I DON'T UNDERSTAND A
QUESTION THE STATUTE DOES SPEAK
TO THAT SO IN TERMS OF HOW THE
DEFINITION OF PERSONAL
INFORMATION IS UNDER THE THE
FRAMEWORK.
IT'S YOUR NAME PLUS THE UNIQUE
BIOMETRIC DATA OKAY.
BUT THERE THE MAN MAYBE TO MISS
BIT THIS.
YOUR YOUR ISSUE IS THAT WERE.
THIS IS PRETTY BROAD IN TERMS OF
WHAT CAN BE CONSIDERED BIOMETRIC
DATA AND YOU'D LIKE TO SEE IT
MORE TIGHTENED DOES THAT EXACTLY
WE WE'D LIKE IT TO BE TIGHTENED
TO THE TYPE OF BIOMETRIC DATA
LIKE -- RETINAL SCAN YOU KNOW IS
AN EXAMPLE OF THE TYPE OF BY
MUCH OF DATA THAT'S USED TO
IDENTIFY A PERSON NOT LIKE BROWN
HAIR NINE MY SHOE SIZE MY
SERVING SIZE LIKE ALL THESE
OTHER THINGS.
NOT A PHOTOGRAPH.
YOU KNOW SOMEONE SPACE UNLESS
IT'S LIKE -- YOU KNOW ONE OF
THOSE SCANNED PHOTO LIKE WHERE
THEY HAVE SOME KIND OF IMAGING
OF YOUR FACE.
YOU KNOW SOMETHING WHERE THEY'RE
USING IT TO SCAN YOUR FACE AND
IDENTIFY YOU NATURAL PICTURE OF
SOMEONE LIKE WE DON'T THINK THAT
SHOULD BE BIOMETRIC DATA OKAY.
IN AND THEN GOOD WELL I JUST
WANT.
TO POINT OUT THAT MICHELLE SURE
DID HAVE A RESPONSE OKAY POINT
IF YOU IF YOU LIKE SURE
ABSOLUTELY RIGHT I I THINK IT'S
IMPORTANT TO DISCUSS AND TAKE
TAKE ON THAT A SHOE SIZE OR
CLOTHING SIZE THAT IS NOT
CONSIDERED BIOMETRIC DATA LIKE
FOR EXAMPLE.
I'M GOING TO JUST USE MYSELF AS
AN EXAMPLE.
I AM A SIZE NINE SHOE AND NINE
WEST BUT I'M A NINE AND A HALF
SHE WHEN CLARKSON SO WOULD BE
VERY DIFFICULT TO KNOW THAT BY
THE SIZE OF MY FOOT.
THAT THAT THAT'S EASY RIGHT
THERE AND SO THAT IS NOT
SOMETHING THAT WOULD FALL INTO
THE DEFINITION OF BIOMETRIC DATA --
IT'S NOT SOMETHING THAT'S
PERMANENT OR UNIQUE OR
COLLECTIBLE IT'S SOMETHING THAT
WOULD WOULD VERY BASED ON YOU
KNOW THE BRAND OF THE SHOE SIZE
OF THE BRAND OF THE SHOE AND AND
WHATNOT SO.
THE TYPE OF DATA YOU KNOW IT IS
SOMETHING THAT IS IS IS DEEPLY
UNIQUE AN INTRINSIC TO THE
PERSON AS OPPOSED.
TO SOMETHING THAT IS -- MUTABLE
IN IN THE IS FASCINATING -- AS
IT IS TO TALK ABOUT THIS BECAUSE
WE ALL HAVE SOME PERSONAL
CONNECTION TO WHAT WHAT IS OUR
BODY YOU AND YOU KNOW IT'S
SOMETHING THAT WE CAN JUST
PHILOSOPHICALLY TALK AT GREAT
LENGTH.
ABOUT.
AS MUCH AS WERE NEGOTIATING OR
TALKING ABOUT HOW WE WOULD DO
THAT HERE AT THIS TABLE THAT IS
EXACTLY WHAT WE'RE NEGOTIATING
AND TRYING TO FIGURE OUT TO MAKE
SURE THAT WE LAND -- OUGHT WITH
APPROPRIATE LANGUAGE AND I'VE
GOT GREAT FAITH IN THE
PARTNERSHIP THAT WE HAVE WITH
THE CHAMBER THAT WHILE WE MISSED
THE HIGH FIVE GOING BY EACH
OTHER THE FIRST TIME WE'RE GONNA
GET BACK.
AND AND HIT THAT HIGH FIVE ON
THAT SECOND SECOND TRY -- WHAT
DO YOU UNDERSTAND IS THE WHAT IS
THE CONSEQUENCE?
IF YOU DO VIOLATE THIS.
AS YOU UNDERSTAND IT UNDER THIS
LEGISLATION WHAT WOULD BE THE
CONSEQUENCE FOR SOMEONE THAT DID --
SO THEY HAVE THIS BREACH IN YEAH
SO IF YOU JUST LOOK AT THE
CURRENT DATA BREACH OF VACATION
Là.
BUSINESSES NEED TO HAVE
REASONABLE PROTECTIONS.
AND SO THAT IS THAT IS MERELY
WHAT WE ARE ASKING FOR THAT IF
YOU'RE GOING TO BE COLLECTING.
GOVERNMENT ISSUED IDENTIFICATION
NUMBERS OR BIOMETRIC DATA THAT
YOU USE THIS VERY SAME
REASONABLE PROTECTIONS THAT
THEY'RE ALREADY USING.
FOR HEALTH INSURANCE INFORMATION
THAT'S WITH YOUR NAME FOR
EXAMPLE THAT IS THE THE BASIS OF
WHAT ANYONE IS SUPPOSED TO DO
AND SO LONG AS THEY'RE ABLE TO
DEMONSTRATE THAT THEY ARE
REASONABLY.
TRYING TO PRACTICE INFORMATION
THEY'RE DOING EVERYTHING THAT
THERE'S A SUPPOSED TO ALONG WITH
THE NOTIFICATION OF COURSE AND
THAT'S I WILL CREDIT IN AMERICA
READ BUT WHAT WOULD BE THE
RESULT OF THEY DID.
UNDER THIS LEGISLATION -- IN THE
THE SAME RECOURSE UNDER THE DATA
BREACH OF HAITIAN LAW SO -- AND
I'LL AT THE ATTORNEY GENERAL'S.
THE DEPUTY SUPERVISING ATTORNEY
GENERAL ANSWER THAT IF -- IF
YOU'D LIKE TO GET MORE INTO THAT
BUT IT'S IT'S A PRETTY.
MUCH USING THE EXISTING LAW FROM
TWO THOUSAND TWO AND JUST
UPDATING WHAT PEOPLE ARE
COLLECTING ABOUT SHOW.
SO IN TERMS OF LEGAL
CONSEQUENCES -- YOU KNOW WE HAVE
A ROBUST CONSUMER PROTECTION LAW
IN THE CAN FOR COMPETITION LAW
THAT WOULD ALLOW FOR ENFORCEMENT
ACTIONS TO BE BROUGHT BY THE
ATTORNEY GENERAL'S OFFICE OR
CITY ATTORNEYS ARE DISTRICT
ATTORNEYS IF THERE'S A VIOLATION
OF A LOT OF CONSTITUTE UNLAWFUL
BUSINESS PRACTICE AND SUBJECT.
A COMPANY -- FOR TO CIVIL
PENALTIES AND INJUNCTIVE RELIEF --
AND SO YOU KNOW IF THERE'S A
VIOLATION IF IF IF FOR EXAMPLE
BUSINESS WAS NOT RECENTLY
PROTECTING BIOMETRIC DATA DATA
OR GOVERNMENT ISSUED IDENTIFIER --
FOR IT YOU KNOW THEY WERE FOUND
TO HAVE SIGNIFICANT DELAY AND
AFTER SUFFERING A BRIDGE AND
THEY WERE SIGNIFICANTLY DELAYED
AND NOTIFYING THOSE WHO ARE
AFFECTED.
THAT COULD CONSTITUTE GROUNDS
FOR FINDING THAT THERE WAS AN
UNLAWFUL BUSINESS PRACTICE
SUBJECT TO AN ENFORCEMENT ACTION
IT'S BROUGHT BY.
MY OFFICE OR BY MY LOCAL
COUNTERPARTS -- WITH THAT WOULD
INCLUDE A PRIVATE RIGHT OF
ACTION.
THE IT'S NOT WITHIN THE TEXT OF
THE STATUTE ITSELF BUT THERE IS
A PRIVATE RIGHT OF ACTION WITHIN
CCPA -- THAT DOESN'T REFERENCE
ONE ONE STATUE THAT IS THE
SUBJECT OF THE AMENDED
LEGISLATION TODAY RIGHT SO I
MEAN.
JUST IF WE CAN GET DOWN TO THAT
SO COULD SOMEONE BRING A PRIVATE
RIGHT OF ACTION FOR A VIOLATION
OF IF WE PASS THIS BILL INTO LAW
COULD SOMEONE BRING A PRIVATE
RIGHT OF ACTION FOR THIS KIND OF
REACH.
UNDERSEA CPA YES OKAY BUT IF
THAT'S IT BUT BUT THERE'S A
DIFFERENT THRESHOLD QUESTION
THAT YOU WOULD IT'S NOT JUST A
VIOLATION OF THE STATUTE THEY
WOULD HAVE TO SHOW WITH THE CPA
REQUIRES IN ORDER TO SUCCEED AND
ON THAT WHEN I REASONABLE YOU
DIDN'T HAVE REASONABLE PROTECT
YOU.
YOU CAN'T JUST SU AND THEN WHEN
LIKE YOU HAVE TO ACTUALLY PROVE
THAT THEY DIDN'T PROTECT YOUR
WRITING ON THIS AND I REALIZE
THAT I'M MISSING.
AT THAT REMEDY THAT OKAY FINAL
QUESTION IS REALLY MORE FOR THE
G. -- ONE THING THAT DOES
CONCERN ME ABOUT SOME OF THIS IS
WHAT WE'RE REQUIRE IN THIS OF
BUSINESSES I THINK WE SHOULD.
BUT YOU KNOW HAS A LOT OF
GOVERNMENT ISSUED INFORMATION
AND BIOMETRIC DATA.
THE GOVERNMENT.
RIGHT.
SO WHEN THEY BLEAK DAY ARE
SOMEHOW.
NEO GET DATA OUT THERE ARE MAYBE.
ACCIDENTALLY GIVE OUT PURCHASE
PRIVATE INFORMATION -- TWO
GROUPS.
SHOULD THE SAME RECOURSE BE
THERE AGAINST GOVERNMENT. FOR
THIS AS WELL AND I DON'T SEE
THAT IN THIS BILL BUT MAYBE
THAT'S SOMETHING WE SHOULD
CONSIDER I MEAN.
I WHAT'S GOOD FOR THE GOOSE IS
GOOD FOR THE GANDER AS THEY SAY
RIGHT.
I BELIEVE THAT THIS DOES ALSO
REQUIRE THAT SECTION SEVENTEEN
NINETY EIGHT POINT TWENTY NINE
BE AMENDED SO THAT DOES APPLY.
TO WHEN IN THE I DON'T KNOW
EXACTLY WHAT YOU'RE REFERRING TO
THERE BUT LIKE SO WHAT DO YOU
MEAN BY THAT IT DOESN'T APPLY TO
THE GOVERNMENT ARE AND SPEAKING
IN CODE. FOR THAT REQUIRES THAT
SEVENTY NINE TWENTY NINE
SEVENTEEN NINETY EIGHT POINT
pREQUIRES THAT WHEN A STATE
AGENCY THAT HOLDS THE SAME DATA
POINTS.
HAS SUFFERED A BREACH THAT THEY
MAY MUST ALSO PROVIDE NOTICE.
READ THAT SECTION ONE OF THE
BILL SO WE HAVEN'T TALKED ABOUT
SECTION ONE OF THE BILL SO FAR
WE'VE TALKED ABOUT SECOND TO IN
SECTION THIRTEEN BUT SO IS A
STATE AGENCY THAT THAT DOES
SUFFER A DATA BREACH.
ALSO HAS THE SAME OBLIGATIONS.
UNDER THE STATUTE TO PROVIDE
NOTICE TO THOSE WHO HAVE BEEN
AFFECTED BY THAT DATA BREACH
OKAY AND IF THEY DEL.
THE CONSEQUENCE IS.
SO THAT I AM IN THE DOJ BRING
PENALTIES AGAINST ITSELF -- THAT
IS AN INTERESTING QUESTION THAT
I'VE NOT BAD DID NOT PREPARE FOR
BUT I DON'T I DON'T KNOW I'M NOT
SURE ABOUT THAT I NEED TO FILE A
CLAIM THE GOVERNMENT JUST LIKE
ANY OTHER.
THING BEFORE RIGHT AND I HAVE A
PROBLEM DAM LEAD INTO THAT.
BUT I WOULD EXPECT THE ANYBODY'S
BEEN PAID YET SO.
BUT LOOK I MEAN I THINK THIS IS
A LEGITIMATE ISSUE THAT WE NEED
TO EXPLORE THE FUTURE IS LIKE A
WERE REQUIRING THIS OF ALL THESE
BUSINESSES BUT WE SHOULD REQUIRE
THE SAME.
OF GOVERNMENT AND THERE SHOULD
BE REAL PENALTIES AND
CONSEQUENCES IN THE EVENT THE
GOVERNMENT.
PREACHES THIS INFORMATION AS
WELL AS JUST IS JUST AS MUCH OF
A RISK.
MAYBE MAYBE IN SOME CASES
GREATER.
I'M WRITING IT DOWN THINKING.
ON IT'S GOOD OF MISTER OBERNOLTE
AND ENOUGH FOLLOWED BY MISS
WICKS THANK YOU MISTER CHAIR OF
MR LEVINE MINE ANALYSIS HAS A
OPPOSE A RECOMMENDATION ON THIS
I DISAGREE I THINK YOU'VE RAISED
AN IMPORTANT POINT.
AND THE POINT A TO RAISING IS
THAT THERE ARE CERTAIN
CLASSIFICATIONS OF DATA THAT
HAVE UNIQUE POTENTIAL TO BE USED
FOR IDENTITY THEFT AND THOSE
DESERVE TO BE HELD. TO A HIGHER
STANDARD PROTECTION THAN OTHER
KINDS OF DATA AND I I TOOK
COMPLETELY AGREE WITH YOU ON
THAT AND SO I THINK THIS IS A
BILL THAT I'D LIKE TO BE ABLE TO
SUPPORT BUT I'M ALSO SYMPATHETIC.
TO SOME OF THE ISSUES THAT HAVE
BEEN RAISED BY THE OPPOSITION AT
IN PARTICULAR.
THE ISSUE THAT -- THE BILL IS SO
BROAD THAT IT INCLUDES A LOT OF
DATA THAT DOESN'T FALL INTO THAT
CATEGORY.
AND IN PARTICULARLY PARTICULAR
AYE AYE I THINK WE NEED TO WORK
ON THE DEFINITION OF BIOMETRIC
DATA BECAUSE FROM A TECHNICAL
STANDPOINT BY MATTER DATE AS
ANYTHING THAT I COLLECT.
YEAH IN AN AUTOMATED WAY.
FROM A HUMAN USER SO OFTEN FOR
EXAMPLE MY WATCH KNOWS WHAT MY
RESTING HEART RATE WAS AND HOW
FAST MY FASTEST MILE WAS THIS
WEEK.
WHICH WAS NOT VERY FAST AMEND
THE SUSPENSE.
BUT I MEAN THAT DATA IS NOT
USEFUL TO SOMEBODY WHO'S TRYING
TO STEAL MY IDENTIFICATION.
IN.
A SIMILARLY GOVERNMENT ISSUED ID
IS -- AS THE OPPOSITION HAS
RAISED.
A PASSPORT A NUMBER WAS
CERTAINLY NOT BE SOMETHING THAT
I WOULD WANT IN THE HANDS OF
SOMEONE ELSE.
HOWEVER A FISHING LICENSE NUMBER
YOU KNOW IF I TRY TO OPEN A BANK
ACCOUNT WITHOUT YOU KNOW REALLY
NOT SO MUCH THAT'S THAT'S NOT IS
IT IS DAMAGING SO -- I'M I GUESS
I'M ASKING WHAT IS YOUR
COMMITMENT LEVEL TO WORKING ON
THOSE ISSUES BECAUSE I REALLY
WOULD LIKE TO SUPPORT THE BILL
YEAH I'LL REPEAT THE THE
METAPHOR I USED EARLIER LIKE
WE'VE LITERALLY ALMOST HIGH
FIVES ON AMENDMENTS AND WE'RE
GOING TO GO BACK.
FOR A SECOND ROUND OF TRYING TO
MAKE SURE THAT WE'RE ABLE TO GET
THE DEFINITIONS IN PLACE THAT --
I THINK WE'LL.
DIED DEAL WITH THE OPPOSITIONS
CONCERNS I THINK THAT YOU KNOW
THEY'VE BEEN AT THE TABLE EVERY
STEP OF THE WAY I FEEL -- I'M
ALSO GRATEFUL NOT JUST FOR THEIR
LEVEL OF INTERACTION BUT ALSO
FOR THE ATTORNEY GENERAL'S STAFF
AS WELL -- THERE IS A LOT OF
STAFF TIME -- TO MATCH THE
CHAMBERS INTEREST AS WELL TO
MAKE SURE THAT WE GET IT RIGHT.
AND AND SO MY COMMITMENT IS
THERE.
OKAY WELL THANK YOU WITH THAT
I'M GONNA MAKE SURE YOU THAT WE
ARE ALSO WORKING VERY HARD ON
THIS AND WE AND WE'RE I THINK
IT'S SAFE TO SAY WE'RE NOT
INTERESTED IN HUNTING LICENCES A
FISHING LICENSE AND THAT KIND OF
THING EITHER BECAUSE DEFINITELY
NOT YOUR LIBRARY DON'T.
SEE THEM AS IDENTIFICATION
DOCUMENTS AND THAT'S REALLY THE
CRUX OF THE MATTER HERE SO WE'RE
TRYING REAL HARD THIS.
IN A SWEET SPOT THAT LANGUAGE IT
GETS IDENTIFICATION DOCUMENTS
AND NOT DOCUMENTS THAT PEOPLE
DON'T USE PRESIDENTE MAKING.
ALL RIGHT WELL SO WITH A
COMMITMENT -- WHAT WE'RE GONNA
SEE THIS AGAIN APPROPRIATIONS OF
NOT BEFORE SO -- ALLSTATE TODAY
AND HOPE THAT YOU GET TO A PLACE
WHERE WHERE WE CAN ALL AGREE
THAT IT'S IN ON A PRO
APPROPRIATE BLIND.
THANKS FOR THE WORK ON THIS
THOUGH.
THANK YOU MUCH I WAS GOING TO
MISS WICKS FOLLOWED BY MR FONG.
YEAH AND JUST I KNOW THAT
REPRESENTATIVE WHO'S
REPRESENTING ACLU IN COMMONSENSE
BEING OTHERS REYES -- CONCERN
AROUND OR WANTED TO REQUEST
AMENDMENTS ARE ON THE BIOMETRIC
DATA AND I JUST WANTED TO MAKE
SURE.
YOU'RE OPEN TO THAT CONVERSATION
AND WOULD BE LISTING THEM HAVING
THEM AT THE TABLE -- COMPLY
EVERYONE'S GOT A SEAT AT THE
TABLE IT'S FASCINATING BECAUSE
YOU KNOW WE'VE GOT CONCERNS FROM
THE CHAMBER THAT WANT A
NARROWING AND THEN THE WE HAVE
CONCERNS FROM OTHER STAKEHOLDERS
THAT WANT A BROADENING.
AND SO IT'S YOU KNOW WE'RE GOING
TO DO WHAT WE CAN TO MAKE SURE
THAT WE'RE ABLE TO ADDRESS THESE
THINGS TO KEEP CALIFORNIANS SAFE.
AND TAKE ALL OF THAT INPUT TO TO
GET TO THAT POINT.
MS FUNK AHEAD.
I JUST A QUICK QUESTION -- I AND
I KNOW TO THIS THE SECOND
INDIVIDUAL THE TESTIFIED IN
OPPOSITION -- INDICATED SOME
EMPIRICAL EVIDENCE FROM ILLINOIS
WHERE THERE WAS A RISE IN A AND
LAWSUITS A BASED ON A LOT THEY
PASS I WAS WONDERING HOW SIMILAR
IS THIS -- BILL TO WHAT EXISTS
IN ILLINOIS AND MAYBE THE
GENERAL CAN COME BACK UP AND
KIND OF SHED SOME LIGHT IN TERMS
OF THE ILLINOIS EXPERIENCE.
I APOLOGIZE FOR BRING BACK UP.
TO MY UNDERSTANDING THE ILLINOIS
LAW IS DIFFERENT IN THE SENSE
THAT IT REQUIRES -- BUSINESSES
TO DISCLOSE AND OBTAIN CONSENT
OF INDIVIDUALS TO OBTAIN
BIOMETRIC DATA AND USE BIOMETRIC
DATA.
THIS IS JUST THE DATA BREACH
NOTIFICATION LAW HOWEVER WE HAVE
SEEN LAWSUITS -- IN ILLINOIS
ALLEGING THAT THE MERE.
EXCHANGE OF INFORMATION BETWEEN
AN EMPLOYER AND A THIRD PARTY
SUCH AS THE USE OF A BIOMETRIC
TIME CLOCKS.
SHARING THAT INFORMATION WITH
THE PAYROLL COMPANY IN PROCESS
PAYROLL CONSIDERED AN AUTHORIZED
BREACH.
OKAY NOT A CONCERT AND ARE THERE
SIMILARITIES THE BILL IN
QUESTION TO THE ILLINOIS LAW.
SO JUST TO BE CLEAR -- THE
ILLINOIS LAW AS I'M SORRY I
DON'T KNOW.
HAD HAD HAD JUST NOTED THAT THE
DEFINITE THE ILLINOIS COURT --
FOUND THAT THERE WAS A PRIVATE
RIGHT OF ACTION IN THAT CASE AS
WELL AND THERE WAS -- IT WAS UP
HELL TO THE PRIVATE ACTION WAS
UPHELD BECAUSE THE COURT FOUND
THAT THE VIOLATION OF THE
STATUTE OF THE PRIVACY INTERESTS
WAS SO SIGNIFICANT BECAUSE THERE
WAS NOT NOTICED BEFORE -- THE
BIOMETRIC DATA WAS TAKEN AND SO
THE THE STATUTE THERE IS
SLIGHTLY DIFFERENT THAT IS THAT
IS A STATUTE THAT IS PROTECTING --
THE RIGHT OF THE INDIVIDUAL TO
BE NOTIFIED BEFORE BIOMETRIC
DATA IS IS.
IS USED IN THIS CASE IT WAS LIKE
A A MINOR WAS ATTENDING AN
AMUSEMENT PARK AND THAT A SCAN
OF THEIR I THINK IT WAS THERE
THAT THEIR FACE OR THEIR
FINGERPRINT WAS TAKEN.
IN ORDER TO GAIN ENTRY AND SO
THERE WAS NO NOTICE TO THE TO
THE PARENTS UP TO THE MINOR'S
PARENT -- BUT IMPORTANTLY THERE
THE THE REQUIREMENT IN THE
ILLINOIS A LOT WAS THAT BEFORE
BIOMETRIC DATA IS TAKEN BUT IT
IN ADDITION TO THE CONSENT
PROVISION.
THEIR REQUIREMENT IS ALSO THAT
THE BIOMETRIC DATA IS
SAFEGUARDED AND SO THAT IS
SIMILAR TO SEVENTEEN NINETY
EIGHT POINT EIGHT ONE POINT FIVE
WHICH REQUIRES REASONABLE
SAFEGUARDS HERE.
SO I THINK THAT THAT'S IMPORTANT
TO UNDERSCORE AS WELL AND THAT
WAS UP HELD BY THE ILLINOIS
SUPREME COURT AS IN IN TERMS OF
THE THE THE LOBBYING PRESERVED.
SURE COMMENT ON THAT JUST VERY
BRIEFLY -- I'M NOT AN EXPERT ON
THE ILLINOIS LOT ALL I JUST MY
UNDERSTANDING IS IT DID INCLUDE
OR DOES INCLUDE PHOTOGRAPHS.
AND THAT IS A CONCERN OF OURS
THAT THAT WOULD BE WAY TOO BROAD
BECAUSE THEN ALL OF A SUDDEN
YOU'RE BRINGING IN.
CONTENT ON THE WEB SECURITY
CAMERAS LIKE EVERYTHING THAT HAS
A PICTURE OF A PERSON NOW IS
BIOMETRIC DATA AND WE'RE JUST
WORRIED THAT'S ESPECIALLY WHEN
YOU'RE.
TALKING ABOUT ADDING NOT ONLY
REDUCE WHAT REGIONAL SECURITY
BUT THEN THE VERY SIGNIFICANT
STATUTORY DAMAGES NO PROOF OF
INJURY LIABILITY WITH THE C. C.
PA THAT IS TIED TO THAT SECTION.
BUT IT'S JUST YOU'RE GONNA BE OR
WHAT I DON'T KNOW IF THAT'S TRUE
I DON'T KNOW IF YOU INCLUDED
PHOTOGRAPHS BUT I THINK IT
INCLUDED FEAST GEOMETRY THAT WAS
GLEANED FROM THE PHOTOGRAPH SO
IT'S NOT THE ACTUAL PHOTOGRAPH
ITSELF IT'S NOT LIKE THE THE
PICTURE IT'S WHAT THE TECHNOLOGY.
DOES WHEN IT'S PROCESSING THE
THE THE FACIAL GEOMETRY OF THE
INDIVIDUAL AND I THINK THAT
THAT'S ACTUALLY RIGHT BEFORE THE
NINTH CIRCUIT RIGHT NOW --
INVOLVING A CAN OF AT THAT THAT
QUESTION I I DID MINISTER OF A
BACK AND FORTH BUT BUT I DO
APPRECIATE THE FACT THAT NO NO
AND I AND AT THAT THE THE
INFORMATION IS VERY IMPORTANT.
I THINK MY BROADER POINT IS THAT
SINCE OTHER STATES HAVE
UNDERTAKEN SIMILAR EFFORTS THAT
WE TAKE THE EMPIRICAL EVIDENCE
THAT EXISTS AND WHAT HAS
TRANSPIRED POSTS.
AB IMITATION OF A NUMBER THESE
LAWS SO THAT WE DON'T MAKE THE
SAME MISTAKES -- OR CAUSE ANY
UNNECESSARY LITIGATION OR OR OR
HARM. TO THE TO THE ONLY THE
BUSINESS COMMITTEE BUT TO THE
CONSUMERS AT LARGE SO I
APPRECIATE THE INFORMATION THERE
ARE TWELVE STATES AB TWELVE OR
I'M SORRY.
YOUR TWELVE STATES THAT
CURRENTLY COVER BIOMETRIC DATA
IN THEIR BREACH NOTIFICATION
LAWS AND WITH THAT. EIGHT IN
TERMS OF THE TWELVE STATES DO WE
MODEL THIS BILL AFTER SPECIFIC
STATES ARE WE TAKE PICK AND
CHOOSE THE THE PROVISIONS WITHIN
THE STATE WE DID WE TRY TO
HARMONIZE THE DEFINITION WITH
THOSE OTHER STATE THERE ARE SOME
STATES THAT DON'T EVEN DEFINED
BIOMETRIC DATA AND THEIR STATUTE.
THEY JUST SIMPLY SAY BIOMETRIC
DATA AND SO WE CHOSE TO USE A
LITTLE BIT MORE LANGUAGE FOR
PURPOSES OF OF CLARITY BUT YOU
KNOW WE WILL CONTINUE TO WORK
SURE AND AS AS THIS DEVELOP SOME
I'M SURE WE'LL GET MORE.
AT WILL GET MORE SPECIFICS AS IT
AS IT INVOLVES BUT I PROJECT
INFORMATION THANK YOU.
I SEE NO OTHER MISTER I WENT
AHEAD -- YES TODAY I AM GOING TO
BE OF STANDING ON YOUR BILL AYE
I KNOW IT'S VERY IMPORTANT THAT
WE PROTECT BIOMETRIC AND AND
INFORMATION LIKE PASSPORT
NUMBERS.
BUT RIGHT NOW WE'RE HAVING
EFFORTS TO EXPAND THE PRIVATE
RIGHT OF ACTION IN THE C. C. P.
A PA AND I WANT TO BE VERY
CAREFUL TO NOT.
UNDO THE COMPROMISE THAT WE MADE
LAST YEAR.
AND BE REALLY DELIVERED ABOUT
WHAT'S GONNA BE SUBJECT TO THE
P. R. A. -- WITHIN CCPA AND I
JUST DON'T THINK THAT ALL BY
MEAN AYE I REALLY THINK A LOT OF
THESE DEFINITIONS HAVE TO BE --
TIGHTENED UP AND I HOPE THAT.
THE SPONSOR AND AN AUTHOR WILL
WORK WITH AND THE STAKEHOLDERS
TO TIGHTEN UP THOSE.
OF DEFINITIONS AND AND CERTAINLY --
IF YOU COME TO A CONSENSUS I'M --
WILLING TO VOTE FOR THIS ON THE
FLOOR.
THANK YOU.
THANK YOU VERY MUCH MISS METHOD.
AND I THINK THE AUTHOR AND AND
THE SPONSOR FOR YOUR INFORMATION
TODAY AND LIKE MY COLLEAGUES I
JUST ECHO THE CONCERNS ABOUT THE
VERY BROAD.
DEFINITIONS PRESENTED HERE WHICH
I THINK -- OUR OWNER IS ON BOTH
THE GOVERNMENT AGENCIES -- THOSE
THE ISSUE ID'S THAT MIGHT FALL
IN THIS PURVIEW PARTICULARLY
WHEN WE HAVE A NUMBER OF STATE
AGENCIES I'M THINKING
SPECIFICALLY THE DMV CURRENTLY
TASKED WITH THE RESOURCES AT
HAND IN DELIVERING THE SERVICES
NECESSARY THE TECHNICAL SUPPORT
THEY HAVE ON THAT END.
SO ENSURING THAT WE REALLY
REFINE THESE DEFINITIONS TO A
PLACE WHERE THIS IS A MANAGEABLE
I THINK IS OF CRITICAL
IMPORTANCE AND AND I TO PLAN TO
SIT THIS ONE OUT.
THANKS VERY MUCH ADDITIONAL
COMMENTS OR QUESTIONS.
SEEING NINE ITSELF LET ME LET ME
ON I'M GRATEFUL FOR THE
DISCUSSION AND I'M I'M VERY GLAD
TO HEAR THAT THAT THE PARTIES
ARE COMMUNICATING IN NEGOTIATING.
AND SOUNDS TO ME LIKE A THIS IS
A WORK IN PROGRESS SO THERE'S
MUCH MORE WORK TO BE DONE.
AND ONE OF WHICH IS THE ARE --
TO RECONCILE THE DEFINITION OF
BIOMETRICS -- BETWEEN YOUR BILL
OF MISTER LEVINE AND A C. C. P.
A.'S DEFINITION OF BIOMETRICS.
AT ITSELF NO QUESTION THAT THE
THE THERE'S AN UPTICK IN THE A
NUMBER OF THE FREQUENCY AND ALSO
THE MAGNITUDE OF DATA BREACHES --
NOT ONLY CALIFORNIA BUT ALSO
ACROSS THE NATION AND SO IT'S
IMPORTANT THAT WE ADDRESS THIS
ISSUE.
I AND I THINK WE'RE ON THE RIGHT
TRACK AT NOW IS BEEN MENTIONED
ABOUT ON THE PRIVATE RIGHT OF
ACTION.
OUR AS ONE OF THE CO AUTHORS OF
THE ORIGINAL CCPA ARE I AM VERY
ALSO ALL RECONNAISSANCE OF THE
THE THE ISSUE OF EXPANDING.
OF THE PRIVATE RIGHT OF ACTION
ON IN THIS PARTICULAR CASE I
THINK THAT THIS IS NOT A DIRECT
EXPANSION OF THE PRIVATE RIGHT
OF ACTION.
AND I THINK IT'S IMPORTANT TO
KEEP IN MIND THAT THE AUSSIE CPA
ALSO PROTECTS PASSPORT AS WELL
AS MY MAJOR INFORMATION.
ALTHOUGH WE NEED TO LIKE I SAID
BEFORE WE NEED TO RECONCILE THE
DIFFERENCE THE THE DEFINITION
AND INFO.
FOR BILL FOR LEGISLATION.
AND DOT SO I YOU KNOW WITH THE
AUTHORS COMMITMENT TO CONTINUE
WORKING WITH A STAKEHOLDERS I
FEEL COMFORTABLE.
ALL LEADING THE BILL HALL AND IN
SUPPORTING IT TODAY AS WELL BUT
I DO ENCOURAGE ALL THE PARTIES
SO BASICALLY ALL THE
STAKEHOLDERS CONTINUE WORKING.
ON NON NARROWING IT DEFINITION
AND ALSO OTHER ASPECTS OF THE
BILL -- SO TO WITHOUT AYE AYE I
WILL BE SUPPORTING YOUR BILL
TODAY MR LEVINE.
AND DAVE I DON'T SEE ANY
ADDITIONAL COMMENTS OR CAUGHT A
QUESTIONS AND I'M GONNA HOUSE --
FOR A MOTION.
THE BILL HASN'T BEEN MOVED AND
SECONDED.
SO THIS BILL WILL GO TO
APPROPRIATIONS AND WITHOUT I AM
GONNA HOUSE A MAN SECRETARY PUT
TO PLEASE CALL THE ROLL
[inaudible]
SOUTH I SAU I FONG [inaudible]
FONG NO [inaudible]
BAUER-KAHAN.
BERMAN HI BERMAN I WEBER.
WEBER I MULLIN [inaudible]
GALLAGHER [inaudible]
GALLAGHER I IRWIN.
ARE WE NOT VOTING OBERNOLTE.
OBERNOLTE NOT VOTING SMITH.
SMITH NOT VOTING WICKS
[inaudible]
WICKS HI.
I BELIEVE YOU'RE FIVE VOTES --
WILL LEAVE THE ROLE OPEN FOR
THANK YOU VERY MUCH THOSE ON
HIGHER NUMBERS THANK YOU VERY
MUCH FOR BEING HERE.
THAT BRINGS US.
TO THE AT CHAO SHELL -- A YEAH --
WELL HERE'S MY TO GET OUTSIDE
THAT IS OF I'M SURE MANY YEARS A
PRIZE AT A MEASURE BY SHARING
THIS COMMITTEE RIGHT NOW SO.
FILLING IN FOR MR KILEY --
MISTER CHAIRMAN I WE'RE DOING
HERE WOULD FILE ITEM NUMBER ONE
AB EIGHT FOURTEEN YOU MAY
PROCEED WHENEVER YOU'RE READY.
THANK YOU VERY MUCH MISTER CHAIR
AND MEMBERS OF THE COMMITTEE --
IT'S MY PRIVILEGE TO PRESENT TO
YOU AB EIGHT FOURTEEN THIS
AFTERNOON.
AB A FOURTEEN AND WOULD
EXPLICITLY MAKE THE UNAUTHORIZED
ACCESS OF A WEB OF THE VEHICLES
COMPUTER SYSTEM.
DATA SYSTEM OR SOFTWARE LOCATED
WITHIN THE VEHICLE ILLEGAL AND
THE CALIFORNIA LAW.
THANK YOU VERY MUCH.
ALL S. AUTOMOTIVE -- TECHNOLOGY
HAS -- PROGRESS THE INDUSTRY HAS
MADE GREAT STRIDES IN MOBILIZING
AND INTEGRATING ADVANCED
COMPUTER HARDWARE INTO EVEN THE
MOST BASIC AUTOMOBILES.
THIS HAS RESULTED IN CLEANER.
RUNNING MORE EFFICIENT MORE
RELIABLE AND PERHAPS MORE
NOTICEABLY MORE COMFORTABLE
VEHICLES TO BE MANUFACTURED AND
SOLD TO CONSUMERS.
THESE ADVANCEMENTS HOWEVER HAVE
OPENED UP A WHOLE NEW AVENUES OF
RISK AND RISK ASSESSMENTS.
THE HARDWARE TECHNOLOGIES
REQUIRED FOR THE SAID
ADVANCEMENTS ARE FAR MORE CAN TO
THE CAPABILITIES FOUND IN HIGH
POWER HOME PC OR SMARTPHONE.
IN ANY VEHICLE MOST PEOPLE ARE
FAMILIAR WITH.
AND BRING WITH THEM ALL THE SAME
DANGERS FOR EXPLOITATION.
A BAD ACTOR MAY ACCESS THE
VEHICLE SYSTEMS ARE TO DOWNLOAD
A RECORD OF THE VEHICLES
LOCATION FOR EXAMPLE THEY CAN
ALSO UTILIZE THE VEHICLES
ONBOARD MICROPHONE. TO SPY ON
UNSUSPECTING OCCUPANTS OR THEY
MAY UTILIZED VEHICLES WIRELESS
SERVICE AREAS.
TO SIMPLY STEELED OF YOU CALL
TOGETHER.
THIS BILL AB FOURTEEN
SPECIFICALLY PROHIBITS ANY
PERSON FROM KNOWINGLY AND
WITHOUT PERMISSION.
ALL AS A ACCESS TO ACCESS ANY
COMPUTER SYSTEM DATA SYSTEM OR
SOFTWARE THAT IS LOCATED WITHIN
CONNECTED TO OR OTHERWISE.
INTEGRATED WITH ANY MOTOR
VEHICLE WITH THE INTENT.
OF OBTAINING OR REVIEWING DATA
UPLOADING DATA OR CODE.
OR DAMAGING OR IN ANYWAY
MANIPULATING OR CONTROLLING ANY
PART OF THE VEHICLE OR ANY
DISPLAY WITHIN THE VEHICLE.
ALSO WITH THAT I RESPECTFULLY
ASKS FOR YOUR IDOL.
I THANK YOU WHEN IS SAID ANY
WITNESSES TO SPEAK IN SUPPORT.
AT ANYONE FROM THE PUBLIC SELECT
THE TESTIFIED SUPPORT.
SEEING NINE ANY ONE IN THE
PUBLIC WILLING TO SPEAK IN
OPPOSITION.
SEEING NONE ANYONE FROM THE
COMMITTEE THAT HAS ANY QUESTIONS
OF OFFER STROLLER.
GERMAN OUR GREAT BILLS HAPPY TO
SUPPORT IT TODAY I HAVE A BILL
OF AUTHORED THIS YEAR THAT
ALLOWS LAW ENFORCEMENT AGENCIES
ACCESS TO DATA IN.
A VEHICLE EVENT DATA RECORDER --
WITH A COURT ORDER IN THE EVENT
THAT THERE INVESTIGATING --
ACCIDENTS INVOLVING SERIOUSLY
INJURY OR DEATH -- JUST OCCURRED
TO ME READING A BILL THAT THERE
MIGHT BE A CONFLICT THERE AND SO
I'D LIKE TO ASK IF WE CAN HAVE
OUR STAFF TO GET IN TOUCH WITH
EACH OTHER AND AND WORK ON TO
MAKE SURE THAT -- THAT THAT
THOSE TWO BILLS ARE COMPATIBLE
BUT HAPPY SUPPORT THE BILL TODAY
ABSOLUTELY THANK YOU VERY MUCH
WITH THE THAT.
I THINK VERY MUCH SEEING NO
OTHER QUESTIONS IN THE COMMITTEE.
WE HAVE A MOTION AND A SECOND --
ANCESTRY WE HAVE A MOTION TO DO
PASSED TO PUBLIC SAFETY THAT
SECTOR PLEASE CALL THE ROLL.
SOUTH I SHALL I FONG WHY FONG I
BOW BAUER-KAHAN.
BERMAN.
BERMAN I WEBER.
WEBER AYE MULLIN.
GALLAGHER.
GALLAGHER I IRWIN -- WHEN I
OBERNOLTE OBERNOLTE AYE SMITH
SMITH I WICKS [inaudible]
WICKS I VOTERS NINE ZERO WILL
KEEP THE VOTE OPEN FOR A IT'S
OUT BUT WE'LL KEEP THE VOTE OPEN
FOR UP TO MEMBERS.
THANK YOU VERY MUCH OF STREAMING
FILE ITEM THREE MISTER CHAIRMAN
A BEAST.
NINE SEVEN SIX PRETTY WHEN
YOU'RE READY THANK YOU VERY MUCH
AGAIN OUT.
MISTER CHAIRMAN AND MEMBERS SO.
ARTIFICIAL INTELLIGENCE OR A AYE
HAS AN INCREDIBLE ABILITY TO
CREATE A GLOBAL PARADIGM.
SHIFT THAT MAY PROPEL SOCIETY
INTO A AUTO AUTOMATION AGE AND
PROPOSED UNIQUE SOLUTIONS TO
SOME OF THE WORLD'S GREATEST
PROBLEMS.
ITS APPLICATION MAY SOON BECOME
IMMERSED IN EVERY MAJOR AREA OF
OUR WORK AND PERSONALIZE.
SUCH AS TRANSPORTATION
COMMUNICATIONS FINANCE HEALTH
CARE SERVICES EMERGENCY RESPONSE
SERVICES EDUCATION.
COMMUNITY PLANNING CRIMINAL
JUSTICE AND ALSO ENTERTAINMENT
JUST TO NAME A FEW.
WHILE THIS -- EMERGING
TECHNOLOGY PRESENTS
OPPORTUNITIES IT ALSO COMES WITH
ITS OWN CHALLENGES INCLUDING
POTENTIALLY DISPLACING WORKERS.
LOSS OF PRIVACY OR REINFORCING
INSTITUTIONAL BIASES AMONG OTHER
THINGS.
THESE LEGAL AND ETHICAL
CHALLENGES WILL DEFINITELY
REQUIRE INVOLVEMENT FROM ALL
STAKEHOLDERS TO ADDRESS.
ALL AND AS A RESULT WE TO
LEGISLATORS PSALMIST FACILITATE
OUT DIALOGUE TO FIND A BALANCE
BETWEEN PROTECTING OUR STATE'S
POPULATION WHILE SIMULTANEOUSLY
DRIVING INNOVATION AND
PRODUCTIVITY AS A LEADER.
IN THE GLOBAL MARKETPLACE.
ALL THIS BILL IS INTENDED TO
BEGIN DOES -- NECESSARY
CONVERSATIONS BY ESTABLISHING
THE ARTIFICIAL INTELLIGENCE IN
STATE GOVERNMENT SERVICES
COMMISSION.
OUR TO GATHER INPUT ON HOW
ARTIFICIAL INTELLIGENCE AND DATA
SCIENCE COULD BE USED TO IMPROVE
STATE SERVICES.
ON JOINING ME TODAY TO SO
TESTIFY IN SUPPORT OF BILL IS
THAT THE MARKET FOSTER FROM THE
CALIFORNIA LITTLE HOOVER
COMMISSION I RESPECTFULLY ASK
FOR YOUR AYE VOTE.
THANK YOU SEE WHEN READ.
THANK YOU GOOD AFTERNOON CHAIR
AND COMMITTEE MEMBERS MY NAME IS
TAMARA FOSTER I'M A SENIOR
PROJECT MANAGER WITH THE LITTLE
HOOVER COMMISSION.
OUR COMMISSION IS AN INDEPENDENT
BIPARTISAN GOVERNMENT OVERSIGHT
AGENCY -- BASED ON OUR TWENTY
EIGHTEEN REPORT -- HOPEFULLY ALL
RECEIVED A COPY OF THIS -- IT'S
CALLED ARTIFICIAL INTELLIGENCE A
ROAD MAP FOR CALIFORNIA.
WE SUPPORT CREATING IN AN A. I.
IN STATE GOVERNMENT SERVICES
COMMISSION ASK DETAILED IN AB.
NINE SEVEN SIX OUR REPORT WAS
DEVELOPED FOLLOWING ELEVEN
MONTHS OF STUDY THAT INCLUDED
ONE PUBLIC HEARING AND TO
ADVISORY MEDIANS IT WAS INFORMED
BY CONVERSATIONS WITH NUMEROUS
EXPERTS -- IN OUR REVIEW OF THE
COMMISSION IDENTIFIED MANY
OPPORTUNITIES TO USE A AYE FOR
ECONOMIC SOCIAL AND
ENVIRONMENTAL GOOD. FOR EXAMPLE
A I MIGHT HELP EMERGENCY
RESPONDERS PROTECT RARE FIRES
ARE LIKELY TO OCCUR -- IN OUR
PURVIEW WE ALSO FOUND THAT SOME
STATE DEPARTMENTS ARE STARTING
TO THINK ABOUT HOW TO USE THIS
TECHNOLOGY IS.
BUT THE OVERWHELMING MAJORITY
ARE NOT PREPARING FOR AN A I.
WORLD FOR PLANNING FOR WAYS TO
USE THE TECHNOLOGY.
TO IMPROVE THE DELIVERY OF THEIR
OWN PROGRAMS OR SERVICES.
OUR STUDY PRODUCED SEVERAL
RECOMMENDATIONS BUT THE ONE MOST
RELEVANT TODAY OF COURSE IS THE
CREATION OF THE A. I. COMMISSION.
THE LITTLE HOOVER COMMISSION
CONCLUDED THAT WE NEED EXPERTS
TO HELP US PLAN FOR THESE
INEVITABLE CHANGES THAT ARE
ASSOCIATED WITH A AYE.
SO WE NEED TO ENSURE THAT THE
THINKING REFLECTS THE
COLLABORATION OF STAKEHOLDERS
FROM PRIVATE INDUSTRY
GOVERNMENTS NONPROFITS UNIONS
AND ACADEMIA.
WE NEED TO DEVELOP A AYE
DEMONSTRATION PROJECTS THAT
PILOT HOW TO APPLY A AYE TO
CRITICAL STATE SERVICES.
AND WE NEED TO COLLECT DATA AND
LEARN FROM THESE PROJECTS SO
THAT WE CAN ULTIMATELY GROW
THOSE THAT ARE SUCCESSFUL.
BECAUSE AB NINE SEVEN SIX SHARES
THESE CALLS THE COMMISSION
SUPPORTS THIS MEASURE AND URGES
DRIVE UP TODAY.
I THANK YOU VERY MUCH ANY OTHER
WITNESSES IN SUPPORT.
SEE SEE NINE AT BOAT.
BOB THANK YOU MISTER CHAIRMAN
WAS MUCH LIGHTER WITH CALIFORNIA
LABOR FEDERATION WE DON'T HAVE A
POSITION ON THE BILL WE JUST
WANTED.
TO EXPRESS OUR APPRECIATION TO
THE AUTHORS OFFICE AND HIS STAFF
FOR THEIR WILLINGNESS TO WORK
WITH US TO MAKE SURE THAT
WORKERS AND WORKER PROTECTIONS
ARE ACTION ADEQUATELY INCLUDED.
THANK YOU THANK YOU VERY MUCH.
CAN REALLY ROSENBERG RESERVES
EMPLOYEES INTERNATIONAL UNION WE
APOLOGIZE FOR THE LATE NOTICE
BUT WE'RE REALLY APPRECIATE TO
HAVE THIS CONVERSATION -- AS NOT
BY MY COLLEAGUE WE DO HAVE SOME
CONCERNS MOVING FORWARD AND WE
BELIEVE THAT YOU'RE A LEADER ON
THIS ISSUE WHEN WE'RE LOOKING
FOR TO ADDRESSING IT BUT WE ALSO
KNOW THAT THE GOVERNOR.
HAS A PROPOSAL OF HIS OWN
THERE'S ANOTHER BILL IN THE
SENATE AND WE JUST WANNA MAKE
SURE THAT WHEN WE MOVE FORWARD
WE DO IT IN A COMPREHENSIVE.
AND THOUGHTFUL WAY -- THIS IS A
HUGE ISSUE THERE'S A LOT OF WORK
TO BE DONE AND WE WANT TO MAKE
SURE WE DO IT THOUGHTFULLY --
AND WITHOUT HE'S BECAUSE IT HAS
A LOT OF IMPACT ON OUR CITIZENS
IT HAS -- A I HAVE BEEN TRYING
TO SHOW BIAS DISCRIMINATION --
AND GENDER ISSUES SO WE WANT TO
MAKE SURE THAT THOSE ARE ALL
ADDRESS NOT THOUGHTFUL WAY AS
WELL AS LOOKING TO MAKE SURE THE
WORK FORCE IS PROTECTED THANK
YOU.
I THINK IT WAS MORE NEUTRAL BUT
OKAY ANY WITNESSES IN NO LONGER
SO IN SUPPORT OR NEUTRAL.
OKAY AND THEN ANYONE IS IS IN
OPPOSITION.
SEEING NONE ANY COMMENTS FROM
THE COMMITTEE[inaudible]
WICKS -- I JUST WANTED TO ECHO
THE COMMENTS OF FOLKS FROM SCA
YOU INTO THE LABOR FED -- AS WE
LOOK TO THE FUTURE WORK WHEN IT
LOOKS LIKE THIS HAS HUGE
IMPLICATIONS FOR OUR WORK FORCE
AND JUST REALLY ENSURING THAT
LABOR IS REALLY FRONT CENTER IN
THE CONVERSATION AT THE TABLE
AND HELPING TO THINK FOR SOME
THESE POLICIES IS IS VERY
IMPORTANT TO ME SO.
I APPRECIATE THAT.
THANK YOU.
ANY OTHER QUESTIONS OR COMMENTS
FROM GOOD CHARLOTTE.
I THANK YOU MISTER CHERUB PROUD
TO BE A JOINT AUTHORED WITH YOU
YOU ON THIS I WANT TO JUST
ADDRESS SOME OF THE CONCERNS
RAISED BY THE LETTER OF
OPPOSITION THAT WE RECEIVED THIS
MORNING [inaudible]
UP.
EVERY TIME THAT WE HAVE A
TECHNOLOGICAL REVOLUTION WE HAVE
THESE CONCERNS THE SURFACE FROM --
PEOPLE THAT ARE GOING TO BE
DISPLACED AND ACCOUNT OF THIS
CALL THAT TECHNOLOGICAL
UNEMPLOYMENT AND GOES ALL THE
WAY BACK TO THE FOR THE
INDUSTRIAL REVOLUTION WITH A LOT
OF ITS SPRING THE TEXTILE MILLS
IN NINETEENTH CENTURY ENGLAND
BUT EVERY TIME WE HAVE ONE OF
THESE.
BOB THE INTRODUCTION OF COMPUTER
TECHNOLOGY THE WORKPLACE THE
NINETEEN EIGHTIES WHAT WE SEE
OVER AND OVER AND OVER AGAIN IS
THAT ALTHOUGH THERE IS FROM
DISPLACEMENT.
THE NUMBER OF JOBS THAT ARE
CREATED AS A RESULT OF THE
INCREASED PRODUCTIVITY OF THE
WORKERS FAR EXCEEDS THE AMOUNT
OF JOBS THAT ARE DISPLACED SO.
I MEAN I THINK THAT WE HAVE TO
FACE THAT STARK REALITY IT'S
IT'S CERTAINLY SOMETHING THAT WE
NEED TO PAY ATTENTION TO BUT NOT
SOMETHING THAT WE NEED FEAR
NECESSARILY.
AND THE OTHER THING I WANT TO
POINT OUT IS THAT -- THE WHOLE
PURPOSE OF THE BILL.
IS TO MAKE SURE THAT WERE BEING
MINDFUL ABOUT THE FATE OF THE
WORKERS WHO WILL BE DISPLACED
IT'S WRITTEN RIGHT THERE IN THE
LANGUAGE OF THE BILL THAT'S THE
REASON FOR THE COMMISSION IS TO
MAKE.
YOU KNOW I THINK THAT THAT FROM
THE STANDPOINT OF LABOR AND FROM
THE STANDPOINT OF WORKERS IT'S
MUCH BETTER TO HAVE THIS
DISCUSSION IN A SETTING LIKE THE
COMMISSION DOWN.
IT IS JUST TO LET A I TO YOU
KNOW IN THE WORKPLACE -- RUN ITS
COURSE AND THEN BE REACTIVE
LATER SO I'M PROUD TO BE A CO
AUTHOR WITHOUT THAT WITHOUT --
ON THE BILL AND CERTAINLY LOOK
FORWARD TO MOVING WORKING WITH
USABLE FORWARDS.
THANK YOU MUCH.
I THANK YOU MISTER OBERNOLTE.
I MISS BEST.
I APPRECIATE -- THE AUTHORS --
TAKE ON THIS BECAUSE AS WE'VE
SEEN RECENTLY EVEN ON OUR
NATIONAL ELECTIONS THE USE OF A
AYE DATA IN THE SENSE OF MEDI
DATA BEING CLEANED AND THEN I'M
USED AND MANIPULATED -- IS KIND
OF STARTLING AND I THINK TAKING
A REALLY BROAD LOOK AT THIS
ACROSS THE STATE AND FIGURING
OUT HOW WE WANT TO MANAGE NOT
ONLY HOW WE'RE GOING TO DEFINE.
A AYE IN LEGISLATION GOING
FORWARD BUT ALSO I'M BEING HEAD
ON THIS ISSUE IS -- PARTICULARLY
PRESSION HAVE YOU SO I THANK YOU
FOR OFFERING THIS.
THANKS VERY MUCH.
ANY OTHER COMMENTS QUESTIONS.
A SINGING NUN WE'RE LOOKING FOR
MOTION AS SECOND.
MOTION AND SECOND MOTION IS TO
PASS TO THE ACCOUNTABILITY AND
ADMINISTRATIVE REVIEW COMMITTEE
AMOUNTS AFTER A PLEASE CALL THE
ROLL.
CHAU I SHOW AYE FONG.
FUNG I BAUER-KAHAN [inaudible]
BERMAN.
AND I WEBER.
WEBER AYE MULLIN [inaudible]
GALLAGHER.
GALLAGHER I OR NGUYEN -- WHEN I
OBERNOLTE?
OBERNOLTE AYE SMITH.
SMITH HI WEEKS.
WICKS I BILLS.
BILLS OUT.
HELLO THE VOTE OPEN --
CONTINUING THE ED CHAU CHAU --
FONDER -- FIVE AB TWELVE OH TWO
WELL IT HERE IT IS.
THANK YOU VERY MUCH AGAIN MISTER
CHAIRMAN AND MEMBERS.
AB TWELVE OH TWO IS A STRAIGHT
FOR BILL TO ADDRESS AN ISSUE
THAT IF THAT AFFECTS EVERY
CONSUMER.
IN THE STATE OF CALIFORNIA.
THAT IS THE BUYING AND SELLING
OF THEIR PERSONAL INFORMATION
LAST YEAR BY ENACTING THE
CALIFORNIA CONSUMER PRIVACY ACT
THIS LEGISLATURE GAVE
CALIFORNIANS.
MANY OF THE NECESSARY TOOLS.
TO TAKE CHARGE OF THEIR PERSONAL
INFORMATION STARTING IN JANUARY
TWENTY TWENTY CALIFORNIANS WILL
BE ABLE TO EXERCISE THEIR
INDIVIDUAL RIGHTS. TO MONITOR
AND CONTROL HOW THE DATA IS
BEING USE SOLD OR OTHERWISE
EXCHANGED.
THESE RIGHTS HOWEVER ARE ONLY AS
GOOD AS THE CONSUMERS POWER TO
ENFORCE THEM.
A KEY COMPONENT OF TAKING CHARGE
IS SIMPLY KNOWING WHAT
BUSINESSES ARE HOLDING YOUR
PERSONAL INFORMATION. TO THAT
END THIS BILL SEEKS TO ENSURE
THAT DATA BROKERS DEFINED
GENERALLY AS BUSINESSES THAT ARE
BUYING AND OR SELLING THE
PERSONAL INFORMATION OF
CONSUMERS.
WITH WHOM THEY HAVE NO DIRECT.
RELATIONSHIP. TO REGISTER WITH
THE ATTORNEY GENERAL.
THE ATTORNEY GENERAL WOULD THEN
BE REQUIRED TO CREATE A REGISTRY
AND HOST THAT INFORMATION ON
THAT.
ON THEIR WEBSITE.
THIS REGISTRY WILL PROVIDE AN
EASY TO UNDERSTAND AND
ACCESSIBLE RESOURCE FOR
CALIFORNIANS.
WHO WISH TO OPT OUT OF THE SALE
OF THEIR PERSONAL INFORMATION
THE REGISTRY MAY ALSO SERVE TO
BENEFIT DATA BROKERS WHO HAVE
SPECIFIC DUTIES ON THE TO CC PA?
THAT MAY BE DIFFICULT TO
SATISFIED BECAUSE THEY DO NOT
HAVE A DIRECT RELATIONSHIP A
WITH CONSUMERS.
BY RECORDING DATA BROKERS TO
REGISTER WITH THE STATE WE CAN
TAKE A SMALL LEGISLATIVE STEP.
THAT IMPOSES MINIMAL ARE BURDENS
ON THE BUSINESSES WHO BENEFIT
FROM THE EXCHANGE OF PERSONAL
INFORMATION.
AND AT THE SAME TIME EMPOWER
CONSUMERS TO EXERCISE THEIR
RIGHTS UNDER THE LAW.
SO WITH THAT I RESPECTFULLY ASK
FOR YOUR AYE VOTE.
I THANK YOU -- ANYWAY ASSISTANCE
OF SPEAKING IN SUPPORT
[inaudible]
HI -- PROGRAM PRESENT A
COALITION.
OF COMPANIES TO PROVIDE PEOPLE
SEARCH SERVICES WE SUPPORT THE
CONCEPT THIS BILL PARTICULARLY
SINCE IT WILL FACILITATE.
CONSUMER OPT OUT OPT OUT RIGHTS
ARE COMPANIES REGISTERED VERMONT
WE'RE GLAD TO BE REGISTER HERE
CALIFORNIA.
AT THE SAME TIME THAT SOME
CONCERNS HAVE BEEN.
EXPRESSED ABOUT UNINTENDED
CONSEQUENCES POSSIBLE OVER OVER
BREATH -- WE HAVE A VERY GOOD
WORKING RELATIONSHIP WITH THE
AUTHORS OFFICE AND GLAD TO
CONTINUE.
TO WORK WITH THE OFFICE TO
ADDRESS THOSE CONCERNS THANK YOU
VERY MUCH.
I THANK YOU VERY MUCH AND ANY
ADDITIONAL WITNESSES IN SUPPORT.
THANK YOU MISTER CHAIR MEMBERS
MY CONSUMERS ON BEHALF OF
CALIFORNIANS ARE CONSUMER
PRIVACY PLACE TO BE IN SUPPORT.
I THANK YOU SEEN OTHER WHO AS
MEMBERS.
OF THE PUBLIC WANTS BECAUSE FOR
ANY MEMBERS OF OTHERWISE PICKING
OPPOSITION.
MAY I PLEASE PROCEED WHEN READY.
THANK YOU MISTER CHAIR MEMBERS
STEVE CARLSON-- REPRESENT THE
ASSOCIATION OF NATIONAL
ADVERTISERS -- BE HAVE A
COALITION OF THE ADVERTISING
TRADES AND I WOULD HATE IT WHEN
I'M THE ONLY -- ONE BUT HERE I
AM [inaudible]
THE ASSOCIATION NATIONAL
ADVERTISERS -- THE HELP GENERATE
A SEVEN HUNDRED AND SIXTY SEVEN
BILLION DOLLARS A YEAR AND
GENERATES TWO POINT SEVEN
MILLION JOBS ANNUALLY.
A CONVERSATION EARLIER -- ON A
PREVIOUS BILL -- I THINK IS --
SET A RELEVANT TO WHAT WE'RE
DOING HERE -- THE CCPA WHICH HAS
IS TO YOU KNOW INCREDIBLY
AMBITIOUS PIECE OF LEGISLATION
WE'VE ALSO DISCUSSED A AND
NUMBER OF NUMBER FOLKS HERE --
ON THE ON THE DAY US ARE ALSO
AUTHORS OF BILLS TO TRY TO FIX --
PARTS OF IT INCLUDING INCLUDING
THE CHAIR -- AND THANK YOU FOR
THAT.
THIS BILL WOULD.
AT THE CITY WOULD CREATE A I
THINK AT THE SAME TIME AS WE'RE
WORKING ON ALL THE OTHER CCPA
STUFF.
CERTAINLY ANOTHER LEVEL OF I
THINK COMPLICATION THAT WE WOULD
SUGGEST.
PERHAPS WAIT UNTIL WOULD GO
THROUGH ALL THE C. C. P. A.
RELATED RELATED THINGS.
WE BELIEVE THAT BEFORE AN ACTING
ADDITIONAL PRIVACY REGULATIONS
THAT TIME FIRST BE GIVEN TO THE
AG IS IN THE PROCESS OF ISSUING
REGULATIONS -- THEY'VE HAD FIVE
PUBLIC FORUMS FOR FIVE OR SIX
THE REGULATIONS ARE DUE OUT IN
THE FALL.
BUT WE HAVE A WHOLE BUNCH OF
OTHER LEGISLATION -- RELATED TO
THE C. CPA.
THAT IS STILL BEING DEALT WITH --
AND IT'S BEEN DESCRIBED THAT
HAVE THE REGULATIONS ON GOING AT
THE SAME TIME WE'RE DEALING WITH
C. C. P. A. ISSUES.
IS SORT OF LIKE PLAYING THREE
DIMENSIONAL CHESS AND IT'S
REALLY TRUE -- TWELVE OH TWO A.
B. TWELVE A TWO WE THINK WILL
WILL ADD TO THAT LEVEL OF
COMPLICATION WE CERTAINLY
UNDERSTAND -- OF WHAT YOU'RE
TRYING TO GET AFTER I THINK WE
WE WOULD ASK THAT MAYBE WE SLOW
THINGS DOWN AND ALLOW. ONE THING
AT A TIME TO HAPPEN AS WE TRY TO
PUT ALL THESE DIFFERENT THINGS
TOGETHER -- THE REGISTRATION
REQUIREMENT WE DOES DOES NOT
BELIEVE PROVIDE CONSUMERS WITH
NEWER HELPFUL INFORMATION AND
COULD RESULT IN SOME CONSUMER
CONFUSIONS.
WE WOULD ALSO SUGGEST THAT IF
WE'RE GOING TO DEAL WITH OPT OUT
PROVISIONS OF SOME OF THE OTHER
ASPECTS THAT IT BE DONE IN IN
THE CONTEXT OF CALIFORNIA
CONSUMER PRIVACY ACT.
NOT A SEPARATE.
BILL -- GIVEN THE RECENT PASSAGE
OF CC GIVE BE A WHICH WILL
CREATE STILL UNFORESEEN CHANGES
TO THE DIGITAL ECONOMY.
AND WHICH IS CURRENTLY BEING
UPDATED THROUGH RULE MAKING IT'S
IMPORTANT TO ENSURE THAT ANY
ADDITIONAL CHANGES TO THE
STATE'S INFORMATION PRIVACY LAWS
ARE CAREFULLY CRAFTED. TO WORK
WITH AND INTEROPERABLE SCHEME.
OF FOR THOSE REASONS -- WE WOULD
ASK THAT MAYBE SLOW THINGS DOWN
KINDA LOOK AT ALL THIS IT'S SORT
OF COMPREHENSIVELY WITHIN THE CC
PA -- AND IF WE FEEL THAT THIS
IS SOMETHING THAT NEEDS TO BE
DONE -- THAT MAYBE WE CAN LOOK
AT IT LATER BUT RIGHT NOW WE
WOULD -- WE WOULD ASK THAT --
THE UNFORTUNATELY HAVE TO STAY
POST.
I THANK FOR MUCH IS THERE ANY
ADDITIONAL.
A WITNESSES IN ORDER INDIVIDUALS
BEGIN OPPOSITION.
BRIEFLY -- SERRA BOOT ON BEHALF
OF CAL CHAMBER I'M HERE TO
TESTIFY WITH AN OPPOSE UNLESS
AMENDED POSITION -- AS ALWAYS WE
APPRECIATE WORKING WITH THIS
AUTHOR AND WE'VE ALREADY HAD
DISCUSSIONS WITH WITH YOUR
OFFICE BUT OUR CONCERNS
UNFORTUNATELY WERE ABLE TO GET
OUR POSITION.
LINED UP BY THE LETTER DEADLINES
WE APOLOGIZE FOR THAT -- WE ALSO
I JUST WANT TO POINT OUT -- IN
THE INTENT LANGUAGE OF THE BILL
THE AUTHOR CALLS OUT THE MANY
POSITIVE CONTRIBUTIONS THAT DATA
BROKERS MAKE TO OUR MODERN
ECONOMY AND TO ENABLE CRUCIAL
GOVERNMENT SERVICES TO MOVE
FORWARD.
AND SO WE REALLY APPRECIATE THAT
A LOT -- JUST OUR MAIN CONCERNS
ARE THAT -- THE BILL I HAVE
REFERENCES SOME OF THE BROAD
DEFINITIONS IN THE C. C. K.
WHICH COULD LEAD TO WERE
CONCERNED -- MORE BUSINESSES
REGISTERING IS DATA BROKERS AND
ACTUALLY ARE WHICH COULD LEAD TO
SOME CONFUSION AND THERE'S JUST
SOME LANGUAGE SECONDLY IN THE
BILL THAT WERE WORRIED COULD --
COULD BE INTERPRETED TO REQUIRE
OBLIGATIONS OF DATA BROKERS THAT
CONFLICT WITH OUR OBLIGATIONS
UNDER THE SEA CPA I DON'T THINK
THAT WAS THE INTENT AT ALL AND
WE'RE JUST ASKING FOR SOME
CLARIFICATION OUT LANGUAGE THANK
YOU.
CAN WITH YOUR OFFICE THE VERY
MUCH.
I ANY ADDITIONAL SPEAKERS IN
OPPOSITION MR CHAIRMAN MEMBERS
OF THE COMMITTEE RAINY POLLOCK
AND WE HAVE TO CONSUMER DATA
INDUSTRY ASSOCIATION.
HOW WE ARE CURRENTLY OPPOSE
BASED UPON THE CONCERNS HAVE
BEEN RAISED THANK YOU?
I THANK YOU VERY MUCH.
SEE NO OTHER SPEAKERS OPPOSITION
ANY QUESTIONS FROM THE COMMITTEE.
THROWING OUT.
THANK YOU MISTER CHAIR.
I HAVE A COUPLE OF CONCERNS WITH
THE BILL MISTER JOHN -- MAYBE
YOU CAN SHED SOME LIGHT ON THIS
SO THE BILL AUTHORIZES THE
ATTORNEY GENERAL TO IMPOSE A FEE.
ON DATA BROKERS.
NOT TO EXCEED THE REASONABLE
COST OF REGULATION BUT THAT'S
ALL IT SAYS.
AND DO YOU MEAN WHEN YOU SAY
COST OF REGULATION TO ME THE
COST OF JUST MAINTAINING THE
REGISTRY AND THE WEBSITE.
THAT IS REQUIRED UNDER YOUR BILL
OR DO YOU MEAN -- SO THE
INVESTIGATION THAT THE ATTORNEY
GENERAL WOULD DO INVOLVING DATA
BROKERS TO ENFORCE OTHER AREAS
OF CALIFORNIA LAW INCLUDING THE
CCPA.
ON WHAT I MEAN IS THAT WE WANT
TO MAKE SURE THAT THE AG DOESN'T
INCUR ANY COSTS THAT HE WOULD
NOT BE ABLE.
TO RECOVER SO IN ESSENCE I THINK
OF IT -- IT'S AN UBER WHO'S YOU
KNOW REFERENCE IS THE THE THE
COST THAT'S GONNA INCUR BY THE
AG SO TO MAINTAIN THAT WEBSITE
AND THEN TO MAINTAIN.
OUR YOU KNOW TO BASICALLY FOR
THE REGISTRY ITSELF WHATEVER TO
REGISTRY BECAUSE THAT'S WHAT THE
AG'S GONNA.
ARE HOPEFULLY RECOVER OKAY WELL
WHAT ABOUT INVESTIGATIONS BY THE
A. G. M. TWO PRACTICES BY DATA
BROKERS THAT VIOLATE OTHER THAT
THEY'RE CONCERNED VIOLATE OTHER
USE OF CALIFORNIA STATE LAWS THE
COST.
OF THOSE INVESTIGATIONS
RECOVERABLE.
UNDER YOU KNOW INCLUDING IS THAT
INCLUDED IN THE COST OF
REGULATION THAT'S NOT BEING
MENTIONED IN THIS BILL BUT I
THINK IF THE AG HAS.
TO CONDUCT ANY INVESTIGATION ARE
YOU KNOW PURSUANT TO ANY PORTION
OF THE LAW THEN THERE'S PROBABLY
ARE A PROVISION THAT WILL
PROVIDE FOR THAT WHICH I COULD
LOOK INTO THAT WOULD BE MORE BUT
THIS BILL DOESN'T PROVIDE. FOR
FOR THAT BECAUSE THE RECOVERY
OKAY WELL IN THAT MY PROBLEM
WITH THE BILL IS THAT IT IS NOT
CLEAR TO ME THAT IT DOESN'T.
I THINK THAT.
STE -- SOMEONE THAT WAS CREATIVE
YOU KNOW IN THE SOME FUTURE DATE
THE ATTORNEY GENERAL'S OFFICE
COULD CLAIM THAT THEY THEY COULD
ALSO RECOVER THOSE COSTS AND SO
I THINK WE NEED TO BE VERY
MINDFUL WHEN WE PUT LANGUAGE
LIKE THAT IN A BILL -- YOU KNOW
WOULD BE I WOULD BE MORE
COMFORTABLE IF THERE WERE SOME
KIND OF REASONABLE MAXIMUM SAID
IN THERE WHICH THERE'S PRECEDENT
FOR AND MANY OTHERS ARE AREAS OF
STATE LARGER.
AWARE YOU KNOW NOT TO EXCEED A
CERTAIN DOLLAR AMOUNT THAT WOULD
THAT WOULD GIVE ME SOME MORE
COMFORT SO I'LL BE OPPOSING
TODAY BUT YOU KNOW HOPEFUL
HOPEFUL TO SEE -- MY MIND CHANGE
THE FUTURE THAT'S A GOOD
SUGGESTION WILL MAKE SURE WE
CLARIFIED THE LANGUAGE MAKE SURE
IT DOESN'T REALLY.
COVER ANY INVESTIGATIVE CALL SO
IT CARE INC OF IDG THANK YOU.
A BUT THE FOR THAT M. AS IN
MERRY SMITH.
I AM THANK YOU I APPRECIATE THE
BILL IN A BUT I SHARE THE
CONCERNS OUTLOOK ALONG WITH MY
COLLEAGUE FROM DECEMBER DINO AYE
I THINK THAT THERE NEEDS TO BE
AT A HIGHER LEVEL OF SPECIFICITY
AROUND THAT COST.
A RECOUP [inaudible]
THANK YOU.
SEEING NO OTHER QUESTIONS FROM
THE COMMITTEE MISTER CHAIR WAS
THAT CLOSE I'M SURE -- I JUST
THE LIKE TO ASK FOR YOUR IDOL --
YOU KNOW I DON'T KNOW OF THE
MEMBERS WOULD LIKE FOR ME.
TO RESPOND TO THE THE ASSERTION
BROUGHT BY THE OPPOSITION BUT IF
NOT THEN I'LL JUST LEAVE IT.
TO FIND THAT'S FINE.
RIGHT.
WE NEED A MOTION AND A SECOND.
MOTION SECONDED THE MOTION IS TO
DO PASS APPROPRIATIONS MM SECTOR
PLEASE CALL THE ROLL.
NOW I KNOW I FONG NO.
PHONE NO [inaudible]
BAUER-KAHAN [inaudible]
BERMAN.
BERMAN I WEBER.
HOWEVER I MULLIN [inaudible]
GALLAGHER.
GALLAGHER I'D IRWIN -- WHEN I
OBERNOLTE?
OBERNOLTE NO SMITH.
SMITH I WICKS.
WITH.
THE BILL.
BILLS OUT.
THANK YOU VERY MUCH AVAILABLE
OPEN FOR OF ABSENT MEMBERS AL
AND LAST ITEM ITEM NUMBER SEVEN
AB TWELVE EIGHTY ONE MISTER
CHAIRMAN PLEASE PROCEED.
THANK YOU VERY MUCH MR CHAIRMAN --
IN MEMBERS.
OUR I LIKE TO START BY ACCEPTING
AS AUTHORS AMENDMENTS -- THE
AMENDMENTS LISTED IN THE
ANALYSIS WHICH UPDATE THE
IMPLEMENTATION DATE.
AND ALSO RESTRUCTURING THE
PENALTY PROVISIONS.
AB TWELVE EIGHTY ONE WOULD
INFORM CONSUMERS WITH A POSTED
SIGN IF HE CALIFORNIA BUSINESSES
USING FACIAL RECOGNITION
TECHNOLOGY OR F. R. T..
ON IN SHORT WHICH IS THE
APPLICATION OF BIOMETRICS
SOFTWARE USED TO AUTOMATICALLY
IDENTIFY AN INDIVIDUAL FROM A
DIGITAL IMAGE OR VIDEO FRAMES.
ARM THE TECHNOLOGY IS BECOMING
EVER MORE -- PRESENT THROUGHOUT
BUSINESSES IN CALIFORNIA AND
CONCERNS OF PRIVACY AND USE OF
THE INFORMATION ARE INCREASING.
IN FACT A NEW STUDY ALSO RAISES
BROADER QUESTIONS OF FAIRNESS
AND ACCOUNTABILITY AND REGARDS
THE TO THE MACHINE LEARNING
ALGORITHMS.
THAT ARE THE FOUNDATION OF F. R.
T. ESPECIALLY AT A TIME WHEN
INVESTMENT IN AND ADOPTION OF
THE TECHNOLOGY IS RACING AHEAD.
FOR EXAMPLE A TWENTY EIGHTEEN
TESTS OF R. F. R. T. SHOWS THAT
THE TECHNOLOGY IN CORRECTLY
IDENTIFY TWENTY EIGHT MEMBERS OF
CONGRESS.
AS PEOPLE ARRESTED FOR A CRIME.
THE RECENT PUBLICATION DETAIL
HOW THE SECURITY MEASURES OF ONE
POP STAR INCLUDE FRT TO CAPTURE
THE PICTURES OF CONCERTGOERS IN
ORDER TO TRACK DOWN STALKERS.
ADDITIONALLY THE EXTENT AND
PREVALENCE OF RETAIL STORES
USING THIS TECHNOLOGY FOR
INCREASED MARKETABILITY IS
DISTURBING.
IT APPEARS THAT IN BOTH CASES --
INDIVIDUALS WERE NOT INFORMED
THAT F. R. T. WAS BEING USED ON
THEM.
NOR WOULD THEY KNOW HOW LONG THE
INFORMATION IS HELD AND HOW.
IT WILL BE USED AB -- TWELVE
TWELVE EIGHTY ONE WAS SIMPLY.
MAKE CONSUMERS AWARE OF WHICH
BUSINESSES ARE YOU USING A
FACIAL RECOGNITION TECHNOLOGY.
ARM I RESPECTFULLY ASK FOR I
WILL.
I THINK IT WAS CHAIR.
ANY ADDITIONAL WITNESSES ARE
SPEAKERS IN SUPPORT.
THE PUBLIC.
HAS SEEN NINE ANY SPEAKERS IN
OPPOSITION.
PLEASE PROCEED WHEN YOU'RE READY.
GOOD AFTERNOON MISTER CHAIR
MEMBERS BURGER GLAD SHE ON
BEHALF CALIFORNIA RETAILERS
ASSOCIATION -- WE APPRECIATE THE
AUTHOR TAKING ONE OF THE
AMENDMENTS AND HAVE A GREAT
CONCERNS WE ARE OPPOSED TO IT IN
LESS AMENDED YOU HAVE GREAT
CONCERNS ABOUT ANOTHER MATTER HE
TECH -- WE DO APPRECIATE THAT
THE LATE IN THE IMPLEMENTATION
FOR A RETAILER -- HAVING ANY LAW
GOING TO FACT ON JANUARY ONE
AFTER THE BUSY SEASON OF THE
YEAR FOR US IT'S VERY DIFFICULT
SO WE APPRECIATE THE
CONSIDERATION. FOR THAT
AMENDMENT -- WE DO TAKE ISSUE
WITH THE NEW AMENDMENT THAT THE
CHAIR JUST A BECAUSE AT SORRY
WITH THAT THE AUTHOR JUST
ACCEPTED -- THE PENALTY THAT
GOES UP 21% OF A COMPANY'S NET
INCOME FOUR EIGHT
INTERNATIONALLY TRADED COMPANY
OR INTERNATIONALLY OPERATING
COMPANY COULD BE IN THE HUNDREDS
OF MILLIONS OF DOLLARS AND FOR
MANY LARGE RETAILERS COULD BE IN
THE TENS OF MILLIONS OF DOLLARS.
FOR FAILURE TO POST A SIGN SO
WITH ALL DUE RESPECT WE WOULD
LIKE TO CONTINUE WORKING WITH
THE AUTHOR ON A POTENTIAL
PENALTY PROVISION -- WE HAD.
TO I JUST LIKE TO FOR REFERENCE
FOR THIS COMMITTEE TO POINT OUT.
TO THE COMMITTEE WHAT THE
VIOLATION IS FOR FAILURE FOR
SALE IT SORRY FOR SELLING
CIGARETTES TO MINORS -- EACH TWO
HUNDRED DOLLARS FOR THE FIRST
INSTANT OFFENSE FIVE HUNDRED
DOLLARS FOR THE SECOND OFFENSE
AND ONE THOUSAND DOLLARS FOR THE
THIRD OFFENSE -- WE THINK THAT
IS.
A STARTING POINT TO WORK BACK
FROM BECAUSE CANDIDLY WE THINK
FAILURE TO POST A SIGN.
DOESN'T REACH THE SAME LEVEL OF
HARM AS SELLING CIGARETTES TO
MINORS SO WE WOULD LIKE TO WORK
WITH THE AUTHOR ON A PENALTY
PROVISION AND SEE IF WE CAN COME
UP WITH A REASONABLE COMPROMISE
THAT.
FURTHERS HIS GOAL OF MAKING SURE
THE SIGNS ARE POSTED BUT DOESN'T
HARM A COMPANY WHO RUNS AFOUL OF
THE LAW BECAUSE SOMEBODY GRAB TO
SIGN IT TAKES IT DOWN OR ONE
DOOR IS INADVERTENTLY NOT MARKED
APPROPRIATELY SO WE CAN TAKE TO
WORK WITH HIM BUT FOR NOW OPPOSE
UNLESS.
AMENDED.
I THANK YOU VERY MUCH ANY
ADDITIONAL SPEAKERS IN A
POSITION.
THEIR BOOT ON BEHALF OF CAL
CHAMBER WE WOULD A LINER AB.
POSITION WITH THAT OF THE
RETAILERS THANK YOU THANK YOU.
SEEING NO OTHER ADDITIONAL
SPEAKERS IN OPPOSITION QUESTIONS
FROM THE COMMITTEE. OH SORRY MY
APOLOGIES.
THERE WILL BE A QUICK TODAY.
ACTUALLY -- MY APOLOGIES MISTER
CHAIR OF KEVIN BACON FOR THE
AMERICAN CIVIL LIBERTIES UNION
OF CALIFORNIA WE DO NOT YET HAVE
A POSITION ON THE BILL AT THIS
TIME.
WE DO APPRECIATE THE AUTHOR'S
CONCERN FOR THE SENSITIVITY OF
THIS INFORMATION IT'S LIKE DNA
IT'S LIKE FINGERPRINT SUCH A
UNIQUE.
A BIOMETRIC IDENTIFIER WHEN THEY
TAKE A FACE PRINT OF YOU.
WE WE WOULD URGE THE AUTHOR TO
CONSIDER PERHAPS OBSTRUCTING THE
BILL WHEN WE'RE NOT ENTIRELY
CONVINCED THAT A SIGN IS
NECESSARILY THE MOST PROTECTIVE.
IT DOESN'T NECESSARILY GIVE
FOLKS THE OPPORTUNITY -- TO TO
EXPRESS CONSENT TO OPT IN TO TO
THAT MEASURE YOU KNOW WE'RE ALL
FAMILIAR WITH THESE PROPOSITION
SIXTY FIVE SIGNS THAT WE WE
ALMOST DON'T SEE ANYMORE RIGHT
AND IF WE DO SEE WE WE KIND OF
JUST REGARD BECAUSE REALLY WHAT.
CAN WE DO -- SO WE WOULD BE IN
SUPPORT OF WORKING WITH THE
AUTHOR TO SEE IF THERE ARE WAYS
TO KIND OF STRENGTH AND THE
PROTECTION FOR THIS VERY
SENSITIVE.
THANK YOU THANK YOU VERY MUCH.
SEEING NO OTHER QUESTIONS FROM
THE PUBLIC OR FROM THE COMMITTEE --
A MEASURE OBERNOLTE.
WELL MISTER GALLAGHER.
I WOULD I MEAN JUST IN LOOKING
IS A ONE THING NAY COME OCCURS
TO ME AS WELL ONE THERE'S A LOT
OF ISSUES WITH THIS FACIAL RASH --
RECOGNITION TECHNOLOGY THAT YOU
KNOW I THINK IS QUITE ON THE
ANALYSIS IS MAKES A LOT OF
ERRORS RIGHT I THINK IT WAS
MEMBERS OF CONGRESS THAT WERE
MISIDENTIFIED -- IN IN ONE CASE --
HOWEVER I MEAN I JUST YOU KNOW
IT SEEMS LIKE THIS BILL WITH THE
SIGN A REALLY ONLY APPLY TO LIKE
A BRICK AND MORTAR.
STORE SOMETHING IN OUR OFFICE
YOU'RE GOING INTO IT I I JUST I
WONDER IF.
YOU KNOW WHEN YOU'RE GOING OUT
IN PUBLIC IN YOU'RE GOING INTO A
PLACE THAT IS OPEN TO THE PUBLIC
IS YOUR IS YOUR FACE REALLY.
A PRIVATE THING WHEN YOU'RE
GOING IN THERE I MEAN WE HAVE
CAMERAS WE HAVE SURVEILLANCE
CAMERAS AND A LOT OF CONVENIENCE
STORES I MEAN.
IS THIS SOMETHING WHERE YOU NEED
TO HAVE THAT KIND OF A POSTING
YOU KNOW AND AND AND AND IT
SEEMS LIKE IT DOESN'T APPLY TO
SAY.
YEAH YOU GOT FACIAL RECOGNITION
TECHNOLOGY ON FACEBOOK GRAD I
DON'T GO INTO A STORE BUT YOU
KNOW I'VE.
ACTUALLY JUST LAST WEEK I POSTED
A PICTURE OF ME AND MY WIFE AND
SHE WAS MISIDENTIFIED AS MY
SISTER IN LAW.
IN ON THàNH FACE.
AND I HAD TO CORRECT MYSELF SO I
MEAN THIS IS -- YOU KNOW.
IT JUST SEEMS LIKE THIS IS ONLY
TEN POINT IN ONE AREA AND AN
AREA WHERE I DON'T KNOW THAT
THERE'S REALLY A LOT OF PRIVACY
CONCERNS.
MAYBE COULD SPEAK TO THAT YEAH I
LET ME -- KNOWLEDGE OF THE FACT
THAT -- YOU KNOW THIS BILL IS
NOT THE MOST COMPREHENSIVE.
OF BILLS ARE AS AS FAR AS
OFFICIAL RECOGNITION TECHNOLOGY.
ALL IN ALSO RECOGNIZE THAT THERE
IS A NEED FOR IS -- TO YOU KNOW
PROBABLY BUILT ON IT -- I MEAN I
SOME DEFINITELY OPEN.
TO LOOKING AT IT -- FROM THAT
ANGLE AND I ALSO ACKNOWLEDGE THE
FACT THAT -- IT IS IN THE MOST.
ACCURATE TECHNOLOGY ARE AND YOU
KNOW WE HEARD ABOUT THE ALL
THESE DIFFERENT PROBLEMS.
BUT YEAH I THINK THIS IS THIS
BILL IS A A KIND OF SMALL STEP
IN THAT DIRECTION.
ARE YOU KNOW I I THINK IT'S A
BALANCING ACT BETWEEN PRIVACY
ALL IN ALL SOUL ON BUSINESS
INTERESTS FOR EXAMPLE WE DON'T
AT THE YOU KNOW ON ONE HAND WE
DON'T WANT TO REALLY -- DO
NOTHING ON THE OTHER HAND WE
DON'T WANT TO OVERBURDEN THE
BUSINESSES PARTICULARLY THE
SMALL BUSINESSES -- YOU KNOW
STILL.
GIVING NOTICE MAY NOT BE THEM.
MAY ONLY BE A PART OF THE
SOLUTION BUT I THINK WE WANT TO
LOOK AT LEAST GET IT STARTED --
SO ON SO THAT'S WERE WERE WE
GOING WITH IT -- I'M DEFINITELY
OPEN LIKE IT'S AT TO FOR THE
DISCUSSION AND HOW WE CAN FIND
TO THE BILL -- TO SOMETHING THAT
YOU KNOW WE CAN ALL LIVE WITH IT
AND ALSO BE VERY EFFECTIVE.
SO -- BUT THIS IS LIKE I SAID
YOU KNOW THIS IS ONLY THE FIRST
STEP.
THANK YOU MISTER ABILITY.
I THANK YOU MISTER CHAIR SO
FOLLOWING UP ON THAT LINE OF
QUESTIONING.
I THINK WE ALL ACKNOWLEDGE THAT
ARE JOB ON THIS COMMITTEE IS TO
BALANCE.
THE OUR OBLIGATION TO PROTECT
CONSUMERS AGAINST -- OUR
OBLIGATION TO PROMOTE FREEDOM
AND YOUR FOUGHT TO FIND THE
FULCRUM -- AND THAT BALLOTS.
I'M WONDERING IN THIS CASE.
WHAT WE'RE EXPECTING CONSUMERS
TO DO WITH THIS INFORMATION THAT
I WAS THINKING ABOUT THIS BILL
AND I WAS IN A FAST FOOD
RESTAURANT THIS WEEKEND?
AND I SAW PROP SIXTY FIVE NOTICE
THAT MENTION A CHEMICAL THAT I'D
NEVER HEARD OF AND I WONDERED
WHAT I WHAT I WAS SUPPOSED TO DO
WITH THAT WAS I SUPPOSED TO TURN
AROUND AND WALK OUT.
BECAUSE THIS CHEMICALS KNOWN TO
CAUSE CANCER IN MIGHT BE PRESENT
IN THAT RESTAURANT I DON'T THINK.
THAT ANY CONSUMER WOULD ACTUALLY
DO THAT AND I'M MORE I'M
WONDERING THE SAME THING ABOUT
THIS BILL IF IT SO IF YOUR WALK
IF THIS BILL BECOMES LAW AND
YOU'RE WALKING INTO.
A BUSINESS AND THERE'S A SIGN
THAT SAYS THEY USE FACIAL
RECOGNITION TECHNOLOGY HOUSE
THAT USEFUL TO ME AS A CONSUMER
I THINK IT'S A IT'S A STEP ABOUT
TO RAISE AWARENESS OF IN THE
MINDS OF THE CONSUMER THAT.
YOU KNOW THERE'S THIS TECHNOLOGY
OUT THERE THAT -- TRYING TO
CAPTURE SOMEBODY'S IMAGES AND
AND I THINK IT HAS TO PROBABLY
COMBINED WITH.
FURTHER ACTION FOR EXAMPLE
EDUCATION BEING A SECOND ONE
OUGHT AND I THINK HE IS.
I THINK IT'S A IT'S A IT'S A
ISSUE AS AN ISSUE THAT WE NEED
TO REALLY TACKLE -- YOU KNOW IT
AS WE GO FORWARD ALONG WITH MANY
STAKEHOLDERS INCLUDING TECH
INDUSTRY FOR EXAMPLE AND AND
BUSINESS OWNERS AS WELL.
SO.
YOU KNOW I SEE THIS AS AN
ONGOING KIND OF A A PROJECT I
MEAN I THINK LIKE I SAID I YOU
KNOW THIS IS THE WE WANT TO TAKE
AN ATTEMPT.
OF TO BRING AWARENESS ON OF THIS
PARTICULAR TECHNOLOGY TO
CONSUMERS AT A DAY WHEN THEY
WALK INTO A STORE THEY ARE FULLY
AWARE OF THE FACT THAT THEY'RE
BEING ON YOU KNOW THEIR IMAGES
OF BEING CAPTURE.
UP WITH TECHNOLOGY ARM AND YOU
KNOW AND THEN PERHAPS EDUCATION
WOULD BE A SECOND NOW.
IN A SECOND AREA OF VEHICLE OKAY
WELL IT'S JUST NOT IT'S CLEAR TO
ME THAT THAT INFORMATION IS ANY
IS IS USE WHAT ALL TO ME AS A
CONSUMER.
JUST THE SAME WAY THAT THAT PROP
SIXTY FIVE NOTICE IN THE
RESTAURANT WASN'T USEFUL TO ME
BECAUSE UNLESS IT ALTERS MY
BEHAVIOR. FOR PROTECTS ME IN
SOME WAY THAT IT MIGHT AS WELL
NOT BE THERE AND I'M NOT SURE I
AGREE WITH MR GALLAGHER WERE.
I'M NOT SURE THAT WE HAVE AN
EXPECTATION OF PRIVACY OVER OUR
FACE IF WE CHOOSE TO LOSE OUR WE
ARE FACE EXPOSED FOR IN A PUBLIC
PLACE.
WHERE WE LIVE IN AN ERA AND I
THINK WE'RE ALL AWARE OF IT?
WHERE THERE COULD BE A DRONE A
THOUSAND FEET ABOVE US THE WITH
THE CAMERA AND THEN OF THAT THAT
JUST THAT JUST A FACT OF LIVING
IN THE TWENTY FIRST CENTURY SO --
I IT'S IT'S HARD FOR ME TO TO
SEE HOW THIS IS A USEFUL TOOL.
WELL I THINK ANOTHER WAY TO LOOK
OUT TO LOOK AT IT IS THAT -- I
FIRST OF ALL ON MAKING SURE THAT
THE CONSUMER IS A WHERE.
ARE ABOUT THE TECHNOLOGY IN
NUMBER TWO ALL PERHAPS IF THAT
CONSUMER DOESN'T WANT.
TO OF THE CAPTURE ODD NOTED IN A
BY THESE MACHINES AND HE OR SHE
COULD PROBABLY SHOP SOMEWHERE
ELSE.
OR YOU KNOW BRING BRING THAT --
TO THE ATTENTION OF THIS TO THE
STORE OWNER -- YOU KNOW PERHAPS
YOU KNOW I THINK IT'S BEEN
MENTIONED WHETHER OR NOT WE
WANTED TO OPT IN AS AS OPPOSED
TO OPT OUT.
SO CURRENTLY IT'S OPT OUT
BASICALLY SO IF THE CONSUMERS
FULLY AWARE OF THAT --
TECHNOLOGY THEN HE CAN -- TALK
TO THE MANAGER I WON MY
INFORMATION TO BE THE DELETED.
SO THAT THAT WOULD BE ONE OF
CONSEQUENCE OF ALL OF US
SOMETHING LIKE THIS I MEAN I
THINK.
GIVES BRINGS AWARENESS AND THEN
SECONDARILY IT TO ALSO GIVES
THAT CONSUMER CHOICE OF NOT
SHOPPING AT THAT PARTICULAR
STORE FOR EXAMPLE.
OKAY WELL MY COMFORT LEVEL BE
HIGHER IF I SAW.
A USEFULNESS TO IT BUT IT IT
SEEMS TO ME LIKE IT WOULDN'T
HAVE ANYMORE YOU STAY ON THE
PROP SIXTY FIVE NOTICED IT SO --
BUT BUT I APPRECIATE YOUR
ANSWERS THE QUESTIONS OF HER.
AT THE VERY MUCH A CENTER WEBER.
ASSEMBLY SIDE APPRECIATE -- THE
COMMENTS IN THE CONVERSATION
THAT YOU THAT YOU'RE HAVING HERE
OF WE LIVE IN A VERY LITIGIOUS
SOCIETY AND MOST OF THE SIGNS
ARE DESIGNED TO PREVENT LAWSUITS
TO BE VERY HONEST ABOUT IT.
IF YOU WALK INTO A STORE AND
THERE'S A SIGN YOU CONTINUE IN
THAT MEANS YOU'RE NOT GOING TO
SOON BECAUSE YOU'VE BEEN
AFFECTED BY WHATEVER.
THAT IS IN THAT ENVIRONMENT THE
SAME WAY YOU PREVENTS LAWSUIT SO
WE CAN TALK ABOUT INFORMATION
IT'S VERY HELPFUL FOR THOSE WHO
ARE REALLY INTO IT.
BUT IF YOU'RE NOT LIKE MOST OF
US YOU WALK INTO THE HOSPITAL
THEIR SIGNS ABOUT WHAT DO YOU
BEING EXPOSED TO IN SOMEWHERE
ELSE.
REALLY IS DESIGNED TO PREVENT
YOU FROM SUING SOMEBODY THAT'S
THE BOTTOM LINE AND SO YOU GET
THE INFORMATION IF YOU GO TO
RESPOND TO TO DO.
IF YOU DON'T.
YOU YOU KNOW IT'S OKAY BUT
BASICALLY IS DESIGNED TO PREVENT
ALL OF THE VARIOUS KINDS OF
MASSIVE LAWSUITS WE HAD AND MOST
SIGNS RESULT AS A RESULT OF SOME.
CLASS ACTION SUIT THAT WAS TAKEN
SO YOU KNOW HATE TO BE THE
SENATE BUT THAT'S THE REALITY OF
WHY WE HAVE THE SO MANY SIGNS TO
KEEP US FROM SUING EVERYBODY.
I'M OF THE BILL.
WE HAVE A MOTION TO HAVE A
SECOND.
A SECOND MISTER CHAIR WITH THE
CLOTHES I LIKE TO NOTIFY
EVERYONE THAT WE ARE ALL ON
CAMERA RIGHT NOW SO JUST A LOT
OF THIS CLOSE THAT.
RESEARCHERS HAVE CLOSE I
RESPECTFULLY HAS ARRIVED.
THANK YOU FOR THE MOTION IS DO
PASSES A MEASURE TO SIMPLY FLOOR
MATS ARE DAY PLEASE CALL THE
ROLL.
SAU HI.
SO I FONG.
FONG KNOW OUR CAN I BAUER-KAHAN
HI.
BERMAN.
BERMAN AYE WEBER.
WEBER AYE MULLIN.
MULLIN AYE GALLAGHER.
GALLAGHER NO.
IRWIN -- WHEN HIGH OBERNOLTE?
OBERNOLTE NO.
SMITH.
SMITH I WICKS.
WICKS HI THE BILL SO.
THAT BILLS OUT THAT INCLUDES
THAT CHAO SHARE MUCH EVERYWHERE.
THANK YOU.
WE ARE I LOVE THE CHAIRMAN
ACTUALLY LIVE AT ALRP MISTER
CHAIRMAN COME BACK IN.
WE WE CAN.
WE LIVE THE CALL ON WHICH ELEVEN
THIRTY ELEVEN THIRTY LIFTING THE
CON AB.
ELEVEN THIRTY A FOR THAT'S
MEMBERS [inaudible]
BAUER-KAHAN.
THIS ELEVEN THIRTY UHHUH.
HI [inaudible]
BAUER-KAHAN I MULLIN
[inaudible]
MULLIN HI. ELEVEN THIRTY YOU CAN
YOU ALL.
I I WILL I WILL.
SO AB ELEVEN THIRTY IS OUT. ONE
SEVEN TWO ONE VOTE COUNT.
SURE SURE OF SODA.
SO GONNA GO BACK -- TO DO THE
ADD ONS RIGHT NOW GO AHEAD.
SO ITEM ONE AM BAUER-KAHAN HI
BAUER-KAHAN I MR MULLIN.
MR MULLIN ON X. LOS ALAMOS.
IT'S NOW. 1-011-2 THE BILL IS
OUT.
ELEVEN ZERO ITEM.
TWO BAUER-KAHAN [inaudible]
BERMAN.
BERMAN I BARRICADE HAND I MULLIN.
MULLIN AYE.
THOSE AT ELEVEN THE BILL IS ALSO
OUT THE AB.
NINE FORTY NINE ELEVEN ZERO ITEM
THREE A. B. NINE SEVEN SIX
BAUER-KAHAN.
BAUER-KAHAN I MULLIN.
MULLIN AYE.
THAT BILL IS ALSO OUT AB NINE
SEVEN SIX LOW COUNTS.
ELEVEN ZERO SO ITEM [inaudible]
FIVE BAUER-KAHAN.
BAUER-KAHAN I MULLIN.
MULLIN.
NINE NINE THAT BILL AB.
TWELVE OH TWO IS OUT THERE ON A
NINETY TWO COUNT -- ITEM SIX THE
CONSENT CALENDAR BAUER-KAHAN.
BAUER-KAHAN HI BERMAN
[inaudible]
OKAY [inaudible]
MULLIN.
GALLAGHER [inaudible]
IRWIN [inaudible]
OKAY.
THE ACCOUNT IS.
A DOCTOR CONSENT -- CALENDAR AB
TWELVE OH THREE O'DONNELL A TWO
ZERO ITEM -- SEVEN I BELIEVE
EVERYBODY WAS HERE.
WE ALL GET.
LEADING THE GERMAN