New Bill Requiring Businesses to Disclose Personal Information Used for Political Purposes

On February 19, Senator Nancy Skinner (D-Berkeley) introduced Senate Bill 746 related to the use of personal information for political purposes. The bill would amend Section 1798.130 of, and add Section 1798.111 to, the Civil Code.

Section One of the bill would Civil Code Section 1798.111. It would grant consumers the right to request that a business collecting personal information about the consumer disclose to the consumer whether or not the business uses that personal information for a political purpose. In addition, a business that collects personal information about a consumer and uses that information for a political purpose would be required to disclose to the consumer all of the following information upon receipt of a verifiable consumer request from the consumer:

• The name of any candidate or committee for which the consumer’s personal information was used for a political purpose.
• The title of any ballot measure for which the consumer’s personal information was used for a political purpose.
• If the consumer’s personal information was used to support or oppose the candidate, committee, or measure.

In addition, under the bill, a business that engages in these activities would be required to annually disclose to the California Privacy Protection Agency all of the following:

• The name of any candidate or committee for which personal information was used for a political purpose.
• The title of any ballot measure for which personal information was used for a political purpose.

SB 746 would require the business to submit to the California Privacy Protection Agency a statement certified under penalty of perjury by the chief executive officer of the business that the business has correctly disclosed all activity. The bill would define “political purpose” to be activity undertaken by a business with the actual knowledge, or at the direction, of one or more of the officers of the business for the purpose of influencing, or attempting to influence, the action of the voters for or against candidates or ballot measures.

Section Two of the bill would amend Civil Code Section 1798.310. This section concerns the requirement that businesses provide reasonably accessibility to consumers of specified information. The bill would add the additional disclosure by a business to identify the name of any candidate, committee, or the title of any ballot measure for which the consumer’s personal information was used for a political purpose and whether the consumer’s personal information was used to support or oppose the candidate or measure. Section Three of the bill would amend Civil Code Section 1798.310 to provide the same information.

Section Five of the bill would provide a legislative finding and declaration that this bill furthers the purposes and intent of The California Privacy Rights Act of 2020. The bill is expected to be heard in March.