BILL NUMBER: AB 886 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Chau
FEBRUARY 26, 2015
An act to amend Section 335 of Section
5437 of, and to add Section 5437.5 to, the Public Utilities
Code, relating to public utilities.
transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 886, as amended, Chau. Electricity restructuring:
Electricity Oversight Board. Transportation service
network provider: passenger privacy.
The Passenger Charter-Party Carriers' Act prohibits a
transportation network company from disclosing personally
identifiable information of a passenger, except as provided. A
violation of the act is a crime.
This bill would prohibit a transportation service network
provider, as defined, from requesting or requiring personally
identifiable data, as defined, of a passenger unless the information
is used for certain purposes, including establishing, maintaining,
and updating a customer's account. The bill would require the
transportation service network provider to provide an accountholder
with an opportunity to cancel or terminate an account. The bill would
require a transportation service network provider to destroy or
dispose of all personally identifiable data in a secure manner when
the information is no longer needed for the purposes for which it was
collected or when an accountholder cancels or terminates his or her
account. Because a violation of these provisions would be a crime,
this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing law restructured the electrical services industry to
provide for the authorization of direct transactions between
electricity suppliers and end use customers and for the establishment
of an Independent System Operator and a Power Exchange. Existing law
establishes the Electricity Oversight Board to oversee the
Independent System Operator and the Power Exchange.
This bill would make various nonsubstantive, technical changes in
provisions that establish the Electricity Oversight Board.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5437 of the Public
Utilities Code is amended to read:
5437. (a) A transportation network company
shall not disclose to a third party any personally identifiable
information of a transportation network company passenger unless one
of the following applies:
(1) The customer knowingly consents.
(2) Pursuant to a legal obligation.
(3) The disclosure is to the commission in order to investigate a
complaint filed with the commission against a transportation network
company or a participating driver and the commission treats the
information under confidentiality protections.
(b) This section does not apply to personally identifiable
information of a transportation network passenger collected pursuant
to Section 5437.5.
SEC. 2. Section 5437.5 is added to the
Public Utilities Code , to read:
5437.5. (a) For purposes of this section, the following terms
mean the following:
(1) "Personally identifiable data" means any of the following:
(A) Information that identifies, relates to, describes, or is
capable of being associated with, a particular individual, including,
but not limited to, his or her name, signature, social security
number, physical characteristics, address, email address, telephone
number, bank account number, credit card number, debit card number,
or any other financial information.
(B) Information describing or concerning the duration of the
transportation service provided, the location and route of the
service provided, and the monetary exchange associated with the
service provided.
(C) Information relating to the mobile device or computer used to
arrange transportation related services, including Internet protocol
address (MAC), media access control address, device applications, and
geolocational information.
(2) "Transportation service network provider" means any
corporation, limited liability company, partnership, sole proprietor,
or any other entity, operating in California, including,
notwithstanding Section 5353, any entity that provides taxicab
transportation services, that provides prearranged transportation
service for compensation using an online-enabled application or
platform to connect to passengers.
(b) (1) When rendering transportation services, a transportation
service network provider shall not request or require any personally
identifiable data of a passenger or accountholder unless the
information is required to complete a transaction for the
transportation service being provided or for the detection,
investigation, or prevention of fraud, identity and other theft, or
other criminal activity, and the personally identifiable data is used
solely for those purposes.
(2) The transportation service network provider shall not disclose
any personally identifiable data collected pursuant to this
subdivision to any other person, firm, partnership, association, or
corporation unless it is required to do so by state or federal law,
or is contractually obligated to share the information with a
financial entity to complete the transaction, or for the detection,
investigation, or prevention of fraud, identity or other theft, or
other criminal activity.
(c) (1) A transportation service network provider may request or
require a consumer to establish an account as a condition of the
transportation service and may require a customer to provide
personally identifiable data to establish, maintain, and update the
account if the information collected is used solely for those
purposes.
(2) A transportation service network provider shall provide an
accountholder with an opportunity to cancel or terminate the account
at which time the transportation service network provider shall
destroy or dispose of all personally identifiable data it required
for the account in a secure manner.
(d) A transportation service network provider shall destroy or
dispose of all personally identifiable data it acquires pursuant to
this section in a secure manner after the information is no longer
needed for the purposes authorized under this section.
(e) (1) A transportation service network provider that violates
this section shall be subject to a civil penalty not to exceed two
hundred fifty dollars ($250) for the first violation and one thousand
dollars ($1,000) for each subsequent violation.
(2) The civil penalty shall be assessed and collected in a civil
action brought by any aggrieved person, the Attorney General, or by a
district attorney or city attorney of the jurisdiction in which an
aggrieved person resides.
(3) The court shall direct the recovery of full costs, including
attorneys' fees, to the prevailing party.
(f) (1) The Attorney General, or district attorney or city
attorney with appropriate jurisdiction, may bring an action in the
superior court in the name of the People of the State of California
to enjoin a violation of this section.
(2) Upon notice of not less than five days to a transportation
service network provider, the Attorney General, district attorney, or
city attorney may seek to temporarily restrain and preliminary
enjoin a violation of this section.
(3) If the court determines that the transportation service
network provider has violated this section, the court may restrain or
enjoin the violation without requiring proof that any person has
been damaged by the violation.
(4) In an action brought pursuant to this subdivision, if the
court finds that a transportation service network provider has
violated this section, the court may direct the transportation
service network provider to pay the costs incurred by the Attorney
General, district attorney, or city attorney.
(g) The court may consolidate an action for the assessment and
collection of civil penalties with an action for injunctive relief
brought pursuant to subdivision (f).
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 335 of the Public Utilities
Code is amended to read:
335. In order to ensure that the interests of the people of
California are served, a five-member Electricity Oversight Board is
hereby established, as provided in Section 336. For purposes of this
chapter, any reference to the Oversight Board shall mean the
Electricity Oversight Board. Its functions shall be all of the
following:
(a) To oversee the Independent System Operator and the Power
Exchange.
(b) To determine the composition and terms of service and to
exercise the exclusive right to decline to confirm the appointments
of specific members of the governing board of the Power Exchange.
(c) To serve as an appeal board for majority decisions of the
Independent System Operator governing board, as those decisions
relate to matters subject to exclusive state jurisdiction, as
specified in Section 339.
(d) Those members of the Power Exchange governing board whose
appointments the Oversight Board has the exclusive right to decline
to confirm include proposed governing board members representing
agricultural end users, industrial end users, commercial end users,
residential end users, end users at large, nonmarket participants,
and public interest groups.
(e) To investigate any matter related to the wholesale market for
electricity to ensure that the interests of California's citizens and
consumers are served, protected, and represented in relation to the
availability of electric transmission and generation and related
costs, during periods of peak demand.